People v. Holmes 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. However, we note an error in pronouncing sentence that must be corrected. “A sentence must be imposed on each count, otherwise if the nonstayed sentence is vacated, either on appeal or in a collateral attack on the judgment, no valid sentence will remain.” (People v. Alford (2010) 180 Cal.App.4th 1463, 1469.) Accordingly, the trial court was required to impose sentence on counts two and three. Because it is clear from the trial court’s discussions with the parties as well as the minute order that the court intended to sentence defendant to the same sentence on all counts…