People v. Burroughs CA4/2

BACKGROUND

In 1997 Burroughs pleaded guilty to voluntary manslaughter (§ 192, subd. (a)) and

robbery (§ 211). As part of his sentence, the court imposed a restitution fine of $3,200

under section 1202.4.

In 2024 Burroughs filed a motion on his own behalf seeking to vacate unpaid

restitution fines and fees under section 1465.9. The court denied his motion without a

hearing, holding he did not “identify any specific unpaid ‘Court imposed costs’ that have

been imposed on him,” and noting “[a]ctual restitution and restitution fine are not ‘Court

imposed costs.’ ”

ANALYSIS

On Burroughs’s request, we appointed counsel to represent him on appeal.

Counsel filed a brief declaring they found no arguably meritorious issues to appeal,

setting out a statement of the case, and asking us to conduct an independent review of the

record.

1 Unlabeled statutory citations refer to the Penal Code.

2 When appealing from a postconviction order a defendant has no constitutional

right to independent review under Anders/Wende.2 (Delgadillo, supra, 14 Cal.5th at

pp. 227, 231.) Nevertheless, the appellate court is to inform the defendant that they may

personally file a supplemental brief,…