Opinion
NOT TO BE PUBLISHED
Appeal from a judgment of the Superior Court of Stanislaus County, No. 1088435, Scott T. Steffen, Judge.
Marilyn G. Burkhardt, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
OPINION
Before Cornell Acting P.J., Dawson, J., and Hill, J.
STATEMENT OF THE CASE
On February 27, 2009, appellant was sentenced to state prison for his conviction for voluntary manslaughter (Pen. Code, § 192, subd. (a)). The trial court held a restitution hearing on June 26, 2009, and July 9, 2009, for the victim’s family.
Unless otherwise indicated, all statutory references are to the Penal Code. Appellant requests that we take judicial notice of the record in his first appeal (People v. Benge (F057775, app. pending.) currently before this court (Evid. Code, §§ 452, subd. (d), 453.) We take judicial notice of the relevant portions of appellant’s pending appeal and that appellant was sentenced to state prison for 11 years on February 27, 2009, for the voluntary manslaughter of Steven Brown.
At the beginning of the restitution hearing, appellant agreed to pay three claims: $4,460.25 for funeral and burial expenses; $2,760 for mental health counseling for the victim’s father, Charles Brown; and $1,890 for mental health services to the victim’s sister, Dianna McGill. McGill was further reimbursed for funeral and burial expenses of $1,940.28 and for a crime scene cleaner of $375.00. The court awarded full economic losses for the victim’s wife, their three minor children, his father, mother, and sister.
The remainder of the hearing was primarily devoted to McGill’s claim for reimbursement of her lost wages. McGill’s physician testified that McGill consulted him or his nurse practitioner due to stress from her brother’s homicide throughout 2005 and 2006. McGill continued to see her doctor for issues related to the homicide in 2007 and 2008. McGill had a disability claim and did not work for part of 2005. She also did not work during the murder trial.
A senior personnel technician for the school district McGill worked for testified that in February 2005 McGill was sent a dock letter informing her that she had used up all of her leave time. During the time she was away, McGill’s pay was reduced by the daily cost of a substitute teacher. Beginning in late 2004 until late September 2005, McGill did not work. McGill had more leave time from April 23, 2008 through May 27, 2008 and again from October 13, 2008 until December 16, 2008. Because of ambiguities in McGill’s employment records, the trial court deferred ruling on her lost wage claims. Appellant filed a timely notice of appeal.
APPELLATE COURT REVIEW
Appellant’s appointed appellate counsel has filed an opening brief that summarizes the pertinent facts, raises no issues, and requests this court to review the record independently. (People v. Wende (1979) 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel indicating that appellant was advised he could file his own brief with this court. By letter on January 29, 2010, we invited appellant to submit additional briefing. To date, he has not done so.
After independent review of the record, we have concluded there are no reasonably arguable legal or factual issues.
DISPOSITION
The judgment is affirmed.