People v. McClaine CA1/1

INTRODUCTION

In this case, appellate counsel has made an independent review of the trial court proceedings and determined the record reflects no meritorious claims for appeal. He has advised defendant of his conclusion and told McClaine he may file a supplemental brief raising any issues defendant believes merit our review. Appellant has not filed any such pleadings. Pursuant to People v. Kelly (2006) 40 Cal.4th 106, 119, counsel asks this court to conduct an independent review of the record. We have done so and find no issues meriting further appellate consideration. This case is an appeal of an order to pay victim restitution, following a contested restitution hearing, and it is authorized pursuant to California Rules of Court, rule 8.304, subdivision (b).

STATEMENT OF THE CASE

On October 21, 2013, the San Mateo District Attorney filed an information charging defendant with one count of felony robbery in violation of Penal Code section

1 212.51, subdivision (c) (count one), and one felony count of attempted robbery in violation of section 664/212.5, subdivision (c) (count two). The information also alleged count one was a serious and violent felony in violation of section…