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 the lower term. Having undertaken an examination of the entire record, we find no other arguable error that would result in a disposition more favorable to defendant.

3

DISPOSITION

The judgment is modified to reflect that (1) the upper term was imposed on the arson count and (2) the remaining charges and enhancement allegations, other than count IV and the associated enhancements that defendant admitted, are dismissed. As modified, the judgment is affirmed. The trial court is directed to prepare an amended abstract of judgment reflecting these modifications and to send a certified copy thereof to the Department of Corrections and Rehabilitation.

/s/ ROBIE, Acting P. J.

We concur:

/s/

DUARTE, J.

/s/

WISEMAN, J.*

* Retired Associate Justice of the Court of Appeal, Fifth Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

4