What is the test for determining whether a defendant can be ordered to pay out of court damages for losses arising from crimes of which he was convicted?

California, United States of America

The following excerpt is from The People v. Joiner et al., 101 Cal.Rptr.2d 270, 84 Cal.App.4th 946 (Cal. App. 2000):

"The trial court is not, however, limited to imposing restitution for losses resulting from crimes of which the defendant was convicted. [Citations.] A court may also consider crimes which were charged but dismissed [citation]; uncharged crimes, the existence of which is readily apparent from the facts elicited at trial [citation]; or even charges of which the defendant was acquitted, if justice requires they be considered. [Citation.]" (People v. Goulart (1990) 224 Cal.App.3d 71, 79.)

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