Opinion
B234654
12-16-2011
THE PEOPLE, Plaintiff and Respondent, v. EDGAR GARCIA, Defendant and Appellant.
Tanya Dellaca, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County
Super. Ct. No. BA358998)
APPEAL from a judgment of the Superior Court of Los Angeles County, Anne H. Egerton, Judge. Affirmed.
Tanya Dellaca, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for respondent.
INTRODUCTION
Following defendant and appellant Edgar Garcia's conviction, the trial court held a restitution hearing. At the conclusion of the hearing, the trial court ordered defendant to pay restitution in the amounts of $7,500 to the Victim Compensation and Government Claims Board (Board) pursuant to Penal Code section 1202.4, subdivision (f), and $4,436.55 to Marina Matute, the victim's mother.
The record on appeal does not indicate the nature of defendant's conviction.
On appeal, defendant's appointed counsel filed an opening brief in accordance with People v. Wende (1979) 25 Cal.3d 436 requesting this court to conduct an independent review of the record to determine if there are any arguable issues. On November 2, 2011, we gave notice to defendant that counsel had failed to find any arguable issues and that defendant had 30 days within which to submit by brief or letter any grounds of appeal, contentions, or arguments he wished this court to consider. Defendant did not file a responsive brief or letter. We have reviewed the record and affirm the judgment.
BACKGROUND
Following defendant's conviction, Matute sought restitution for funeral expenses totaling $11,936.55. On June 13, 2011, the trial court held a restitution hearing. Prior to the hearing, the Board reimbursed Matute $7,500. Defendant objected to the restitution amount and "especially" to any amount above the $7,500 that the Board had already reimbursed Matute. The trial court reviewed a receipt from Forest Lawn for funeral expenses and determined that the expenses were "pretty reasonable." The trial court ordered defendant to pay restitution in the total amount of $11,936.55, consisting of payments of $7,500 to the Board for its prior payment to Matute, and $4,436.55 to Matute for the balance of her out of pocket expenses.
DISCUSSION
We appointed counsel to represent defendant in this appeal. After examining the record, counsel filed an opening brief asking this court to independently review the record in accordance with People v. Wende, supra, 25 Cal.3d 436. On November 2, 2011, we gave notice to defendant that counsel had failed to find any arguable issues and that defendant had 30 days within which to submit by brief or letter any grounds of appeal, contentions, or arguments he wished this court to consider. Defendant did not submit a brief or letter. We have examined the entire record and are satisfied that defendant's counsel has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende, supra, 25 Cal.3d at p. 441.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.
MOSK, J.
We concur:
ARMSTRONG, Acting P. J.
KRIEGLER, J.