What is the test for providing an adequate factual basis for a restitution claim?

California, United States of America


The following excerpt is from People v. McNeill, 2d Crim. No. B259075 (Cal. App. 2016):

This is not a Herculean task. If the victim had sought compensation directly from appellant rather than through an insurer, she would be required "to provide an adequate factual basis for the [restitution] claim." (People v. Giordano (2007) 42 Cal.4th 644, 664.) Moreover, "a trial court has broad discretion to choose a method for calculating the amount of restitution" and need only "employ a method that is rationally designed to determine the surviving victim's economic loss." (Id. at pp. 663-664.)

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