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People v. Alvarez

California Court of Appeals, Fifth District
Mar 12, 2010
No. F057483 (Cal. Ct. App. Mar. 12, 2010)

Opinion

NOT TO BE PUBLISHED

Received for posting 3/16/10

APPEAL from a judgment of the Superior Court of Fresno County Super. Ct. No. F07901577. Edward Sarkisian, Jr., Judge.

Ross Thomas, under appointment by the Court of Appeal, for Defendant and Appellant.

Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.


OPINION

THE COURT

Before Levy, Acting P.J., Gomes, J., and Kane, J.

On February 24, 2007, appellant, Esteven Alvarez, drove his car at 70 to 80 miles per hour into a line of cars stopped for a red light. The impact caused a car driven by Donald Washburn to be pushed underneath a pickup, killing him almost instantly. Alvarez subsequently pled guilty to two misdemeanors, driving with a suspended license with priors (Veh. Code, 14601.2, subd. (a)) and unlawful vehicle operation (Veh. Code, § 23247, subd. (e)), and was convicted by a jury of gross vehicular manslaughter (Pen. Code, § 192, subd. (c)(1)). Following Alvarez’s appeal, this court remanded the matter to the trial court for a determination of victim restitution.

On February 10, 2009, the court conducted a restitution hearing. At the conclusion of the hearing, the court ordered Alvarez to pay a total of $24,648.08, $19,629.93 in direct victim restitution and $5,018.15 to the Victim Compensation Board expended for the costs for the victim’s funeral expenses. The victim restitution was made up of $472.93 for funeral expenses, $992 to reimburse the victim’s wife for lost wages and $18,165 for loss of the victim’s future wages.

Alvarez’s appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Alvarez has not responded to this court’s invitation to submit additional briefing.

Following independent review of the record, we find that no reasonably arguable factual or legal issues exist.

The judgment is affirmed.


Summaries of

People v. Alvarez

California Court of Appeals, Fifth District
Mar 12, 2010
No. F057483 (Cal. Ct. App. Mar. 12, 2010)
Case details for

People v. Alvarez

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ESTEVAN ALVAREZ, Defendant and…

Court:California Court of Appeals, Fifth District

Date published: Mar 12, 2010

Citations

No. F057483 (Cal. Ct. App. Mar. 12, 2010)