What matters for due process when a defendant has been ordered to pay his/her restitution?

California, United States of America


The following excerpt is from People v. Denegal, C092869 (Cal. App. 2021):

Resendez instead confirms that what matters for due process is a reasonable opportunity to challenge the amount imposed. (People v. Resendez, supra, 12 Cal.App.4th at p. 113 [" '" '[w]hatever the specific procedural safeguards required at a sentencing hearing concerning restitution, fundamental fairness must be assured . . . [and the] . . . defendant must be afforded a reasonable opportunity to be heard on the issue of restitution'"' "].) As discussed above, defendant can still dispute the restitution amount ordered, so there has been no due process violation yet.

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