People v. Schiele 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 the 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 the trial court’s failure to affirmatively dismiss the balance of the charges and strike the enhancement allegation, even though the dismissal of these items is reflected in the minute order documenting defendant’s change of plea, as well as the sentencing minute order. We will modify the judgment to reflect the dismissal/striking of these items and affirm the judgment as modified.

DISPOSITION

The judgment is modified to reflect the dismissal of counts one, five, seven, and twelve through nineteen. The judgment is further modified to strike the enhancement

Although not orally…