What is the test for determining the amount of damages awarded under the abuse of discretion standard?
California, United States of America
The following excerpt is from People v. Anderson, D074666 (Cal. App. 2019):
When the People establish a prima facie case showing the amount of the victim's losses, the burden shifts to the defendant to demonstrate that a different amount is proper. (People v. Sy (2014) 223 Cal.App.4th 44, 62-63.)
We review the trial court's decision to order an amount of restitution under the abuse of discretion standard. We will only set such decision aside where there is a clear showing of abuse. (People v. Giordano (2007) 42 Cal.4th 644, 663.)
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