People v. Gangl CA3

DISCUSSION

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts and procedural history of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel 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.

2 Having examined the entire record pursuant to Wende, we have found a sentencing error regarding the restitution fines. The court imposed a $300 restitution fine for defendant’s felony convictions (§ 1202.4, subd. (b)), and a $300 parole revocation restitution fine, which was stayed unless parole was revoked (§ 1202.45). The court also imposed a $150 restitution fine (§ 1202.4, subd. (b)) and a stayed $150 parole revocation restitution fine (§ 1202.45) for defendant’s misdemeanor convictions. It was error to impose a restitution fine and a parole revocation restitution fine as to each count. (People v. Sencion (2012) 211 Cal.App.4th 480, 483.) Defendant was subject…