What is the test for determining the maximum amount of victim restitution in a sexual assault case?
California, United States of America
The following excerpt is from The People v. Rios, H034481, No. F00786, No. F00788, No. F00790 (Cal. App. 2010):
the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.' " (Id. at pp. 301, quoting Apprendi v. New Jersey (2000) 530 U.S. 466, 490.) Since the California statute governing victim restitutionPenal Code section 1202.4 does not prescribe a statutory maximum, we believe that it is not necessary to have the amount of victim restitution submitted to a jury.
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