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People v. Kimball5/19/2004
rmation to challenge that amount." (Id at p. 947.) Thus, Foster stands only for the proposition that a court may rely on information in the probation report in cases where the amount of loss reported has not been challenged by the defendant. (See People v. Rivera (1989) 212 Cal.App.3d 1153, 1160 [failure of a defendant to challenge the probation report or request a hearing results in waiver]; People v. Fulton, supra, 109 Cal.App.4th 876 [once the record establishes the amount of losses claimed by the victim, as in the probation report, the amount of restitution the victim is entitled to receive is established unless challenged by the defendant]; People v. Gillard (1997) 57 Cal.App.4th 136, 165, fn. 18 [where probation officer's report places defendant on notice of restitution being sought, but defendant raises no objection at trial, issue waived on appeal].)
Furthermore, although the case law holds that the amount identified in the probation report is sufficient to sustain a restitution award, absent a challenge by the defendant, it is equally clear the probation report is not sufficient to sustain the restitution order if the defendant requests a hearing in order to challenge the amount claimed. (People v. Bernal (2002) 101 Cal.App.4th 155 [trial court was required to hold hearing to review probation department's determination as to specific restitution amount owed by defendant]; People v. Harvest (2000) 84 Cal.App.4th 641, 644 [probation officer's report mentioned burial expense claim but there was no documentation or testimony of family members supporting amount awarded at hearing; order not supported by sufficient evidence]; People v. Vournazos (1988) 198 Cal.App.3d 948, 958 [on appeal court finds restitution order derived after hearing and based solely on probation report not supported by sufficient evidence]; People v. Scroggins, supra, 191 Cal.App.3d at pp. 507-508 [in light of request for hearing, court may not rely entirely on probation report, which derived figure solely from the burglary victims' statements without independent verification of the amounts supplied by the victims].)
Appellant is entitled to a hearing on restitution to the identified victim.
Disposition
The judgment is reversed. The matter is remanded for a restitution hearing in order to determine the amount of restitution owed the identified victim. In all other respects the judgment is affirmed.
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