People v. Best 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, supra, 25 Cal.3d 436.) Defendant was advised by counsel of his right

Undesignated statutory references are to the Penal Code.

2 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. Our review of the record revealed that the abstract of judgment listed a $40 court operations fee and $30 criminal conviction assessment fee that were not orally imposed by the trial court. We will order the trial court to correct the abstract of judgment to reflect the judgment imposed. (People v. Mitchell (2001) 26 Cal.4th 181, 185 [“[a]n abstract of judgment is not the judgment of conviction; it does not control if different from the trial court’s oral judgment and may not add to or modify the judgment it purports to digest or summarize”].) We have undertaken an examination of the entire record and…