Opinion
NOT TO BE PUBLISHED
Monterey County Super. Ct. No. SS062827A
Bamattre-Manoukian, ACTING P.J.
Defendant Jose Maria Chavez filed a workers compensation claim in which he sought benefits for a back injury that occurred while he was working as a drywall hanger for All Pro Drywall on June 4, 2003. More than two years later, on July 20, 2005, defendant stated on a questionnaire that he could not lift more than one gallon of milk and he had not worked anywhere since the date of his injury at All Pro Drywall. Defendant also testified at a hearing before the Workers Compensation Appeals Board that he had not worked since the June 4, 2003 job injury. However, an investigation that included video surveillance revealed that defendant had actually been employed at another company for two years following the June 4, 2003 job injury, and that he was able to walk, stand, bend, squat, load grocery bags and carry sheetrock.
Defendant was subsequently was charged by information with committing two felony offenses, insurance fraud (Ins. Code, § 1871.4, subd. (a)(1); count 1), and perjury (Pen. Code, § 118, subd. (a); count 2).) The charges arose from the allegations that (1) defendant had received workers compensation benefits from State Compensation Insurance Fund after falsely claiming that he had not been able to work since the date of his job injury; and (2) defendant had given false testimony regarding his ability to work in a hearing before the Workers Compensation Appeals Board.
On May 10, 2007, defendant entered a plea of no contest to insurance fraud (Ins. Code, § 1871.4, subd. (a)(1); count 1) on the condition that he would receive felony probation, credit for time served at the time of sentencing, and dismissal of a misdemeanor case (case No. SS070607A) in which he was charged with using false documents to conceal his true citizenship (Pen. Code, § 114.)
Defendant was sentenced on June 26, 2007. The trial court suspended imposition of sentence, awarded a credit for time served of 253 days, and placed defendant on formal probation for three years. The court also dismissed all remaining charges (which included perjury (Pen. Code, § 118, subd. (a); count 2)) and case No. SS070607A in the interests of justice.
Among other conditions of probation, defendant was ordered to pay victim restitution in the amount of $21,390 to State Compensation Insurance Fund, pursuant to Penal Code section 1202.4, subdivision (f). The amount of victim restitution was based on the probation officer’s recommendation. As stated in the probation report, State Compensation Insurance Fund documented an economic loss of $21,390, which included workers compensation benefits paid to defendant while he was working, the costs of the investigation, and special investigation unit costs. At the time of sentencing, defendant did not object to the sentence or any of the conditions of probation.
Defendant filed a timely notice of appeal, and we appointed counsel to represent him in this court. Appointed counsel has filed an opening brief that states the case and facts but raises no issues. We notified defendant of his right to submit written argument in his own behalf within 30 days. That period has elapsed and we have received no response from defendant. Pursuant to People v. Wende (1979) 25 Cal.3d 436, and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record and have concluded that there is no arguable issue on appeal.
The judgment is affirmed.
WE CONCUR: MIHARA, J., MCADAMS, J.