People v. Donahue CA3

DISCUSSION

Appointed counsel filed an opening brief setting forth the facts of the case and asking this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Counsel advised defendant of his right to file a supplemental brief within 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. Our review of the record reveals fines and fees included on the abstract of judgment that the trial court never imposed. The only mention of fines and fees at the resentencing hearing was the trial court granting defendant’s request to “waive all waivable fines and fees.” Thereafter, the court did not impose any fines or fees. Nevertheless, the abstract of judgment lists a $200 restitution fine, a $200 parole

3 revocation restitution fine, and a $20 crime prevention program fee. The abstract of judgment also lists apparent restitution payments related to a different case, though the court did not order any restitution at the resentencing hearing. These amounts appear to have been copied over from the prior abstract of judgment, except the…