filed:

Filed: 7/31/13 P. v. Barnes CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B246047

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA057069) v.

BRIAN GILBERT BARNES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of the County of Los Angeles, Susan Speer, Judge. Affirmed. California Appellate Project, Jonathan B. Stein, Executive Director, Richard B. Lennon for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION

Pursuant to a plea bargain, defendant and appellant Brian Barnes (defendant) pleaded guilty to vehicular manslaughter. Following sentencing, the trial court held a hearing on restitution and, pursuant to the stipulation of the parties, ordered defendant to pay restitution in a sum certain. Defendant thereafter filed a motion to vacate the restitution order (motion to vacate) that the trial court denied. Defendant appeals from the order denying the motion to vacate. On appeal, defendant’s appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) requesting that this court independently review the entire record to determine if there are any issues, which if resolved in defendant’s favor, would require reversal or modification of the judgment. Accordingly, we notified defendant that he could brief any grounds of appeal, contentions, or arguments he wanted us to consider. Defendant did not file a response brief. Based on our independent review of the entire file, we conclude that there are no arguable issues on appeal. We therefore affirm the order denying the motion to vacate from which defendant appeals.