What is the test for making a Defendant pay full restitution to a victim?

California, United States of America


The following excerpt is from People v. Duarte, F078121 (Cal. App. 2020):

To implement this requirement, section 1202.4, subdivision (f) generally provides that "in every case in which a victim has suffered economic loss as a result of the defendant's conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court." The defendant's inability to pay shall not be a consideration that would justify a court ordering less than full restitution to the victim. ( 1202.4, subd. (g); People v. Draut (1999) 73 Cal.App.4th 577, 582.)

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