People v. Cain

Opinion

McKINSTER, J.

At issue in this case is the scope of a criminal defendant’s due process rights at a hearing to determine the amount of restitution to be made to the victim by the defendant pursuant to Penal Code 1 section 273.5, subdivision (h)(2). More specifically, does a criminal defendant have a constitutional right to call and cross-examine the psychotherapist who provides counseling to the victim of the defendant’s crime? We answer this question in the negative.

Defendant Randy Lee Cain pled no contest to a single count of violation of section 273.5 (infliction of corporal injury on…