What rights does a defendant have to contest the determination of the amount of damages awarded to the victim?

California, United States of America


The following excerpt is from People v. Housing, B267503 (Cal. App. 2017):

A defendant has a "right to a hearing before a judge to dispute the determination of the amount of restitution." ( 1202.4, subd. (f)(1).) Because defense counsel had rested their cases before the trial court imposed sentence and had no notice that victim restitution would be imposed, we remand the matter for a restitution hearing. (People v. Sandoval (1989) 206 Cal.App.3d 1544, 1550 ["Because defendant was denied a reasonable opportunity to contest the accuracy of the amount of damages claimed, the order for restitution to the victim must be reversed and the cause remanded to allow defendant an opportunity to be heard on this issue"].)

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