contested restitution hearing in California

2013Appellant had been using two social security numbers under slightly different names. 1 People v. Harvey (1979) 25 Cal.3d 754 . 2 Under one name and number, she was receiving SSI2 benefits.

2009At a contested hearing to determine the amount of restitution, appellant's counsel argued that "there being no Harvey waiver, the restitution on Count 5 should not be ordered." *842 At the restitution hearing, much was made of People v. Harvey, supra, 25 Cal.3d 754 , which held in the context of an adult defendant that, in the absence of an agreement to the contrary, an implicit part of a plea bargain is the understanding that the accused will suffer no adverse sentencing consequence by reason of the facts underlying, and solely pertaining to, dismissed counts (unless they are transactionally

2026I, § 28, subd. (b)(13)(B).) To effect this constitutional mandate, section 1202.4 requires the payment of victim restitution “in an amount established by court order, based on the amount of loss claimed by the victim ... or any other showing to the court.” (§ 1202.4, subd. (f).) A “victim” for purposes of restitution includes not only the actual victim of the offense, but also “shall include all of the following: [¶¶] (3) A 6 person who has sustained economic loss as the result of a crime and who satisfies any of the following conditions: [¶] (A) At the time of the crime was the parent, grandp

2026(In re S.E. (2020) 46 Cal.App.5th 795 , 804; In re Brittany L., supra, 99 Cal.App.4th at p. 1391 .) Accordingly, we must reverse the juvenile court’s $1,200 restitution award and remand the matter for a contested restitution hearing wherein T.C. may present evidence concerning the replacement cost of the stolen watch to counter the victim’s statement that he purchased the watch for $1,200. 3 III.

2016(Smith, supra, 198 Cal.App.4th at p. 432 .) The evidence at trial had established the defendant molested the victim, and the evidence at the restitution hearing proved that from the time she was eight years old until she left home as an adult, the defendant isolated her and took advantage of a position of trust.

2014At the contested restitution hearing, the court decided to follow the decision in People v. Rubics (2006) 136 Cal.App.4th 452 (Fourth Dist., Div. One) (Rubics), which held that a defendant convicted of fleeing the scene of an accident could be ordered to pay restitution for costs incurred by the victim as a result of the collision. 4 The court continued the matter for a hearing on the amount of restitution to order.