P.

DISCUSSION

I. Scope of Harvey Waiver

Gomez argues the trial court erred in finding his Harvey waiver prevented

him from presenting evidence at the restitution hearing that his conduct did not

cause the victims' losses. We agree.

A. General Legal Principles

In general, we review a trial court's order of restitution for abuse of

discretion. (People v. Giordano (2007) 42 Cal.4th 644, 663.) "However, when

the propriety of a restitution order turns on the interpretation of a statute, a

question of law is raised," which we review de novo. (People v. Williams (2010)

184 Cal.App.4th 142, 146.)

The California Constitution provides a victim the right to receive restitution

from persons convicted of crimes which caused a loss to the victim. (Cal. Const.,

art. I, § 28, subd. (b), par. (13)(A).) To ensure this right, courts shall order

defendants to pay restitution to the victims who suffered economic loss "as a result

of the defendant's conduct." (Pen. Code, § 1202.4, subd. (f).) (All subsequent

statutory references are to the Penal Code.)

3 Section 1202.4 also provides defendants with a statutory right to challenge

the amount of restitution. (§ 1202.4, subd.…