The People v. Lewis CA3

DISCUSSION

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within

1 People v. Harvey (1979) 25 Cal.3d 754.

2 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant. We find one error that requires correction -- that is, the trial court’s imposition of a suspended $400 postrelease supervision revocation fine must be stricken. At the time of defendant’s sentencing on August 29, 2012, Penal Code section 1202.45 provided for a mandatory parole revocation fine in an amount equal to the restitution fine in every case where a prison term includes a period of parole. (Stats. 2007, ch. 302, § 15; People v. Tillman (2000) 22 Cal.4th 300, 302.) Here, however, defendant’s sentence was to be served in county jail pursuant to Penal Code section 1170, subdivision (h). Since parole is not included in sentences imposed under…