P. v. Simon CA2/2
Defendant and appellant Ezekiel Simon (defendant) appeals from the denial of his postjudgment motion to vacate an order for victim restitution. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. After defendant was notified of his counsel’s brief he filed his own supplemental brief, asserting that trial counsel should have challenged the restitution order on the ground that he was a minor when the crime was committed, and that appellate counsel rendered ineffective assistance by filing a Wende brief without researching the applicability of Civil Code sections 1556, 1557, and Family Code section 6500, relating to a minor’s capacity to enter into contracts.
Defendant was charged by information in count 1 with the murder of Kashmier James, in violation of Penal Code section 187, subdivision (a).
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