People v. Carlson 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 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 pursuant to Wende has disclosed no arguable errors in defendant’s favor.

3 California Rules of Court, rule 8.308(a) provides that a notice of appeal in a criminal case “must be filed within 60 days after the rendition of the judgment or the making of the order being appealed.” Judgment is rendered “when the trial court orally pronounces sentence.” (People v. Karaman (1992) 4 Cal.4th 335, 344, fn. 9.) The notice of appeal was stamped filed on December 16, 2021, more than 60 days after the trial court orally pronounced the sentence on October 15, 2021. However, a stamped date of December 13, 2021, is reflected on the envelope that defendant…