P. v. Burke CA4/1
A jury convicted Thomas Francis Burke IV of voluntary manslaughter (Pen. Code, § 192, subd. (a)). The jury also found that Burke personally used a firearm in the commission of the offense (§ 12022.5, subd. (a)). The trial court sentenced Burke to a determinate term of 16 years.
Burke appealed his conviction and this court affirmed the conviction, but remanded for resentencing. (People v. Burke (Jan. 17, 2018, D072296 [nonpub. opn.].)
During the pendency of the first appeal, the trial court held two restitution hearings. It ordered Burke to pay restitution to the victim's siblings and to the victim's mother. Burke appeals the restitution orders. He challenges only the portions of the orders awarding the victim's mother for lost wages and to the victim's sister for lost wages incurred by her husband, the sole support of the family, when he was not working in order to support the sister during the trial court process.
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