Opinion
D041611.
10-15-2003
THE PEOPLE, Plaintiff and Respondent, v. TIMOTHY SCOTT LEATHERBY, Defendant and Appellant.
Timothy Scott Leatherby entered a negotiated guilty plea to four counts of making a false or fraudulent statement to obtain workers compensation benefits. (Ins. Code, § 1871.4, subd. (a)(1).) The court denied a motion to withdraw the guilty pleas, suspended imposition of sentence, placed him on three years probation, and ordered him to pay $292,678.02 restitution. The court denied a certificate of probable cause. (Cal. Rules of Court, rule 31(d).)
DISCUSSION
Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. Counsel presents no argument for reversal but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible but not arguable issues: (1) whether the trial court erred in considering hearsay in determining the amount of the restitution award; (2) whether the trial court abused its discretion in ordering Leatherby to pay $292,678.02 restitution; (3) whether the trial court abused its discretion in denying Leatherbys motion to withdraw the guilty plea; and (4) whether the trial court erred in denying the certificate of probable cause.
We granted Leatherby permission to file a brief on his own behalf. He has not responded. A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues referred to pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issue. Competent counsel has represented Leatherby on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: HUFFMAN, Acting P. J. and McINTYRE, J. --------------- Notes: Because Leatherby entered a guilty plea, he cannot challenge the facts underlying the conviction. (Pen. Code, § 1237.5; People v. Martin (1973) 9 Cal.3d 687, 693.) We need not recite the facts.