People v. Redfield CA3

DISCUSSION

Counsel filed an opening brief that sets forth the facts and procedural history of the case and requests that this court 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 from the date the opening brief was filed. More than 30 days have elapsed, and defendant has not filed a supplemental brief. Our review of the record disclosed that the abstract of judgment form prepared by the trial court does not indicate that the restitution fine imposed by the court pursuant to section 1202.4, subdivision (b) was stayed due to defendant’s inability to pay. This error requires correction. We will also order the amount of the fine corrected to match the court’s intent and pronouncement of what it characterized as minimal fines due to defendant’s inability to pay. The court clearly found that defendant lacked the ability to pay any of the $30 conviction assessments or $40 court operations assessments and selected the statutory minimum amount of $300 for the restitution fine, stayed, accordingly. (See § 1202.4, subd. (b)(1).) The…