People v. Potter CA3

DISCUSSION

Defendant’s appointed counsel has asked this court to cond uct an independent review of the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 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. In our review of the record, we note that the abstract of judgment does not list the following fines and fees that were imposed but permanently stayed by the trial court during the February 2022 sentencing hearing: a $300 restitution fine, a $300 probation

2 revocation fine, a $40 court operations fee, and a $30 criminal conviction assessment fee. It has long been held that where there is a discrepancy between the oral pronouncement of judgment and the minute order, the oral pronouncement controls. (People v. Mitchell (2001) 26 Cal.4th 181, 185.) We will order the trial court to correct the abstract of judgment. We have undertaken an examination of the entire record and find no arguable error that would result in a disposition more favorable to…