California, United States of America
The following excerpt is from People v. Holmes, E076174 (Cal. App. 2021):
Defendant's counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S 738, setting forth statements of the case and facts. Counsel suggests three potentially arguable issues: (i) whether the victim waived her right to restitution when she failed to appear in response to subpoenas; (ii) whether the court erred when it sustained the People's objection to defense counsel's efforts to impeach her testimony given at the preliminary hearing on the underlying offense and, if so, whether defendant was prejudiced; and (iii) whether the prosecutor has a professional responsibility to ensure the victim's claim of lost wages is truthful. Counsel also requested this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, which he has not done.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
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The judgment is affirmed.
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