People v. Crisosto CA3

Good Law
Court of Appeal of CaliforniaNovember 22, 2021C093584California347 words

Opinion

Opinion

DISCUSSION

Appointed counsel filed an opening brief that sets forth the facts and procedural history of the case and requests this court review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 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. Having undertaken an examination of the entire record pursuant to Wende, we find the trial court erred in failing to impose the $40 court security fee (§ 1465.8) and the $

2 court operations assessment fee (Gov. Code, § 70373) per count. (People v. Castillo (2010) 182 Cal.App.4th 1410, 1415, fn. 3 [Gov. Code, § 70373]; People v. Schoeb (2005) 132 Cal.App.4th 861, 865-866 [§ 1465.8].) The court also erred when it required the payment of these fees as probation condition Nos. 10 and 11. (People v. Kim (2011) 193 Cal.App.4th 836, 842-843 [Gov. Code, § 70373]; People v. Soto (2016) 245 Cal.App.4th 1219, 1237 [§ 1465.8].) We will direct the modification of the sentencing order to reflect the imposition of $80 in…

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