What is the test for making a restitution order pursuant to a defendant's plea?

California, United States of America


The following excerpt is from NPG, Inc. v. La Rosa, E065578 (Cal. App. 2017):

"In addition to compensating the victim, a restitution order is intended to rehabilitate the defendant and to deter the defendant and others from future crimes." (People v. Vasquez (2010) 190 Cal.App.4th 1126, 1133.) "'A restitution order pursuant to a defendant's plea is an agreement between the defendant and the state. [Citation.] The victim is not party to the agreement, and a release by the victim cannot act to release a defendant from his [or her] financial debt . . . .'" (Ibid.)

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