People v. Ortiz CA3

DISCUSSION

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and requesting that this court review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised of his 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. After examining the record, we conclude the trial court erred in failing to impose a $40 mandatory court operations assessment (Pen. Code, § 1465.8) and a $30 mandatory court facilities assessment (Gov. Code, § 70373). We shall modify the judgment to impose the mandatory assessments. We find no other arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

Defendant’s conviction is affirmed. The judgment is modified to include a mandatory $40 court operations assessment under Penal Code section 1465.8 and a $30 court facilities assessment under Government Code section 70373. The judgment is affirmed as modified. The trial court is directed to prepare an amended abstract…