What is the test for reviewing a restitution order for abuse of law?

California, United States of America


The following excerpt is from People v. Martin, C074382 (Cal. App. 2014):

"We review the trial court's restitution order for abuse of discretion. [Citation.] A restitution order that is based on a demonstrable error of law constitutes an abuse of the trial court's discretion." (People v. Woods (2008) 161 Cal.App.4th 1045, 1048-1049.) "[A] reviewing court must adopt the trial court's factual findings if substantial evidence supports them." (People v. Fairbank (1997) 16 Cal.4th 1223, 1254.) To be substantial, evidence must be credible and of solid value such that a reasonable trier of fact could have made the factual finding. (People v. Ortiz (2012) 208 Cal.App.4th 1354, 1363.)

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