People v. Fiske CA3

DISCUSSION

Appointed counsel filed an opening brief setting forth the facts of the case and asking 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 of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant. Our review of the record reveals the trial court failed to dismiss the remaining charges and enhancement allegations at sentencing, as had been agreed between the parties. In the interest of judicial economy, we will order the remaining counts and enhancements dismissed. (People v. Panizzon (1996) 13 Cal.4th 68, 80 [the parties must abide by the terms of the plea agreement, including the dismissal of other counts or enhancement allegations].) We further note that the trial court stated during sentencing that it was imposing the lower term on the arson count, despite actually imposing the upper term. Given that the parties agreed to the upper term, we will modify the judgment to reflect the imposition of the upper term, rather than…