State v. Lobue

Defendant appealed a judgement imposing restitution after he was convicted for unauthorized use of a vehicle. Defendant assigned error to the trial court’s award of restitution for damages and to the admission of the State’s evidence to establish the amount of restitution. Defendant argued that there was insufficient evidence to prove that the damages were caused by the criminal activity and his inability to cross-examine those who offered value estimates and repair bills for the damages violated his right to confrontation under the Due Process Clause of the Fourteenth Amendment. The Court declined to extend the rationale concerning probation revocation to confrontation rights in sentencing. See United States v. Littlesun, 444 F3d 1196, 1200 (9th Cir 2006). The Court explained that the personal liberty interests at stake in a probation revocation proceeding are not implicated in setting restitution as a part of sentencing. See Morrissey v. Brewer, 408 U.S. 471, 482-83 (1972). The Court concluded that the trial court did not err in determining the amount of restitution and did not exceed its authority to collect fees without further notice to Defendant. Affirmed.