What is the test for determining whether a victim of sexual assault is entitled to restitution?

That determination, however, is within the court's discretion. (Cf. People v. Giordano (2007) 42 Cal.4th 644, 662 [Cal. Const., art. I, 28, subd. (b), which provides that victim restitution need not be imposed if "'compelling and extraordinary reasons exist'" for not imposing restitution, and "allows a trial court some discretion to decline to impose restitution in unusual situations"].) Thus, implicit in appellant's equal protection claim is a further claim that touches on, and requires the exercise of, the court's sentencing discretion. That claim does not involve a facial challenge to a statute's constitutionality; rather it is an "as-applied" challenge that considers the facts and circumstances of his particular case. Such a claim does not present a pure question of law. Rather, it is precisely the kind of attack on a court's sentencing discretion that is

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