People v. Holmes CA3

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 note that the trial court improperly imposed the restitution fines per count. Section 1202.4, subdivision (b) requires the court impose a restitution fine “[i]n every case where a person is convicted of a crime.” Here, the court imposed a $300 restitution fine (§ 1202.4) on count two, a $300 matching suspended revocation restitution fine (§ 1202.45), and a $150 restitution fine (§ 1202.4) on count three. This was error. (See People v. Soria (2010) 48 Cal.4th 58, 66 [restitution fines are to be imposed in each case resolved by a plea bargain]; People v. Sencion (2012) 211 Cal.App.4th 480, 483 [restitution fund fine may be imposed only once…