People v. Passineau CA6

INTRODUCTION

A jury convicted defendant Brett Anthony Passineau of three counts of lewd conduct with a minor under the age of 14. (Pen. Code, § 288, subd. (a). 1 With respect to two counts, the jury found true a “multiple victim” special allegation. (§ 667.61, former subd. (e)(5), see Stats. 1998, ch. 936, § 9.) Defendant was sentenced to 36 years to life in state prison. Following sentencing, the trial court held a restitution hearing. Defendant was ordered to pay a total of $21,982 in restitution for four victims. On appeal, defendant contends that the trial court abused its discretion in setting the restitution at the amount determined by the California Victim Compensation and Government Claims Board (Board). Specifically, he argues that the court: (1) misapplied the statutory presumption under section 1202.4, subdivision (f)(4)(A);

1 All further statutory references are to the Penal Code unless otherwise indicated. (2) failed to find defendant rebutted the presumption; (3) failed to disclose the Board’s records to defendant; (4) deprived defendant of due process by basing its decision on ex parte evidence; (5) violated the separation of powers doctrine; and (6) abused its…