Error and/or relief
The court ordered restitution to the California Victim Compensation Board pursuant to section 1202.4(f)(4)(B) over the hearsay objection by the defense. Such orders must be based on the type of evidence specified in the code section, which did not occur here. The order is vacated and the matter is remanded for the court to hold a new hearing on restitution.
First Holding:
In every case in which a victim has suffered economic loss as a result of the defendant’s conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court. Section 1202.4 does not, by its terms, require any particular kind of proof.
However, the trial court is entitled to consider the probation report, and, as prima facie evidence of loss, may accept a property owner’s statement made in the probation report about the value of stolen or damaged property.” a hearing to establish the amount of restitution does not require the formalities of other phases of a criminal prosecution. When the probation report includes information on the amount of the victim’s loss and a recommendation as to the amount of restitution, the defendant must come forward with contrary information to challenge that amount.
Authority:
PEN 1202.4
People v. Lockwood (2013) 214 Cal.App.4th 91, 96
People v. Holmberg (2011) 195 Cal.App.4th 1310, 1320
Second Holding:
However, section 1202.4(f)(4) includes special provisions that are applicable when, as here, state funds are used to provide assistance to or on behalf of a victim. Section 1202.4(f)(4)(B) provides that the amount of assistance provided by the Restitution Fund shall be established by copies of bills submitted to the California Victim Compensation Board reflecting the amount paid by the board and whether the services for which payment was made were for medical or dental expenses, funeral or burial expenses, mental health counseling, wage or support losses, or rehabilitation.
Certified copies of these bills provided by the board and redacted to protect the privacy and safety of the victim or any legal privilege, together with a statement made under penalty of perjury by the custodian of records that those bills were submitted to and were paid by the board, shall be sufficient to meet this requirement.
Here, the prosecution submitted neither certified copies of bills submitted to the California Victim Compensation Board nor any declaration signed under penalty of perjury by any custodian of records showing the Board paid the bills as required by section 1202.4(f)(4)(B). Thus, it was error to impose restitution on the evidence presented over objection.
Authority:
PEN 1202.4(f)(4)
People v. Lockwood (2013) 214 Cal.App.4th 91, 96