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

1 Undesignated statutory references to the Penal Code.

2 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 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant. However, we note irregularities related to the oral pronouncement of judgment and the abstract of judgment. While the trial court did not specify the statutory basis for the $334 fine it orally imposed, we note that $334 is the total amount of the fines, assessments and surcharges set forth in the abstract of judgment, and the statutory bases for each of those items is set forth in the abstract, except the “$24 SURCHARGE.” This court has previously held that trial courts have a duty to recite all fees…