People v. Gutierrez CA4/2

DISCUSSION

After defendant appealed, and upon his request, this court appointed counsel to

represent him. Counsel has filed a brief under the authority of People v. Wende (1979)

25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of

All further statutory references are to the Penal Code unless otherwise indicated.

2The facts of the underlying case are not relevant because the only issue on appeal relates to defendant’s motion to modify his restitution fine.

2 the case, a summary of the facts, and potential arguable issues, and requesting this court

to undertake a review of the entire record.

We offered defendant an opportunity to file a personal supplemental brief, and he

has done so. On August 24, 2015, defendant filed an eight-page typewritten brief. In his

brief, defendant appears to be arguing that the trial court erred in denying his motion to

modify the restitution order because he does not have the ability to pay the fine.

The court has wide discretion in determining the amount of restitution to impose

within the range authorized by statute. (§ 1202.4, subd. (b)(1); People v. Gangemi (1993)

13 Cal.App.4th 1790, 1798; People…