People v. Tomanogi CA4/2

Good Law
Court of Appeal of CaliforniaSeptember 23, 2024E083521California180 words

Opinion

statement of the case, and identifying one potentially arguable issue: whether the court

erred in calculating lost wages and moving expenses at the restitution hearing.

We gave defendant the opportunity to file a personal supplemental brief. We

noted that if he did not do so, we could dismiss the appeal; nevertheless, defendant has

not filed one. Under these circumstances, we have no obligation to independently review

the record for error. (Delgadillo, supra, 14 Cal.5th. at pp. 224-231.) Rather, we dismiss

the appeal. (Id. at pp. 231-232.)

1 A term of defendant’s plea provided that if defendant had no violation of his probation for nine months, the court would reduce the offense from a felony to a misdemeanor pursuant to Penal Code section 17, subdivision (b).

2 In People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), the California Supreme Court held that Wende and Anders procedures do not apply to appeals from postjudgment proceedings. (Delgadillo, at pp. 224-226.)

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DISPOSITION

The appeal is dismissed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

McKINSTER J.

We concur:

RAMIREZ

P. J.

MENETREZ

J.

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