What is the test for making a restitution order against a defendant who has been found not guilty of a crime of which he was acquitted?
California, United States of America
The following excerpt is from People v. Mercer, E059792 (Cal. App. 2014):
context, a restitution order is not authorized where the defendant's only relationship to the victim's loss is by way of a crime of which the defendant was acquitted." (People v. Percelle (2005) 126 Cal.App.4th 164, 180.)
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