People v. Casillas CA1/2

Filed 9/10/24 P. v. Casillas CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A169929 v. SALVADOR CASILLAS, JR. (Solano County Super. Ct. No. FCR345030) Defendant and Appellant.

Defendant Salvador Casillas appeals from a trial court order ordering him to pay an additional $2,375 in restitution to the California Victims Compensation Board. Casillas’s appellate counsel filed a brief asking this court to independently review the record for arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) Casillas was informed of his right to file supplemental briefing and has not done so. Finding no errors or other issues requiring further briefing, we affirm. FACTUAL AND PROCEDURAL BACKGROUND As we stated in our opinion affirming the underlying judgment of conviction (People v. Salvador Casillas, Jr. (Jan. 19, 2022, A162338) [nonpub. opn.]): “Defendant was charged with two felony counts of stalking (Pen. Code,1 § 646.9, subd. (b)), 18 misdemeanor counts of disobeying a domestic

1 “All [undesignated] statutory references are to the Penal Code.”

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relations court order (§ 273.6, subd. (a)), two misdemeanor counts of making annoying phone calls (§ 653m, subd. (b)), and one misdemeanor count of battery (§ 243, subd. (e)(1)). The alleged victim was his former girlfriend, G.K. “Defendant entered a plea of no contest to one count of felony stalking, with a maximum sentence of four years in state prison.2 The remaining counts were dismissed with a [People v.] Harvey [(1979) 25 Cal. 3d 754] waiver, and no promises were made as to the sentence.” At the sentencing on February 26, 2021, probation was denied. Defendant was sentenced to the midterm of three years in state prison. At that time, the court reserved jurisdiction over restitution. On March 26, 2021, Casillas filed a notice of appeal challenging his sentence. On July 28, 2021, the trial court held a hearing on restitution at which Casillas (then in state prison) was present via Zoom. Casillas’s counsel stated, “I have had an opportunity to review the release[3] documents, and then have a phone call with Mr. Casillas, and we are prepared to submit on