People v. Walling 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, supra,

Undesignated statutory references are to the Penal Code. The trial court also imposed, but later struck, a domestic violence prevention fee.

2 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 have elapsed, and we have received no communication from defendant. After reviewing the record, we shall make a modification based on a new law that favors defendant. At the sentencing hearing, the trial court imposed a ten percent collection fee for the $300 restitution fine under section 1202.4. At the time of the sentencing hearing, this fee was permitted under former section 1202.4, subdivision (l), which stated: “At its discretion, the board of supervisors of a county may impose a fee to cover the actual administrative cost of collecting the restitution fine, not to exceed 10 percent of the amount ordered…