People v. Valdez CA2/6

DISCUSSION

Legal principles A crime victim is constitutionally entitled to restitution from the person convicted of the crime(s) causing their losses. (Cal. Const., art. I, § 28, subd. (b)(13)(A).) Such a victim is entitled to “full restitution” of their economic losses, so long as they show, by a preponderance of the evidence, that they suffered the losses “as a result of the defendant’s conduct.” (§ 1202.4, subd. (f); People v. Gemelli (2008) 161 Cal.App.4th 1539, 1542.) When seeking restitution, a victim must present “an

2 Restitution is permitted for noneconomic losses stemming from violations of section 288. (§ 1202.4, subd. (f)(3)(F).) It may be imposed for dismissed charges when a defendant executes a Harvey waiver. (§ 1192.3, subd. (b).) Valdez does not challenge the award of restitution for Doe’s noneconomic losses.

3 adequate factual basis for [their] claim.” (People v. Giordano (2007) 42 Cal.4th 644, 664 (Giordano).) Once they put forth prima facie evidence of loss, “the burden shifts to the defendant to demonstrate that the amount of the loss is other than that claimed by the victim.” (People v. Prosser (2007) 157 Cal.App.4th 682, 691 (Prosser).) “[A] trial court…