People v. Humphrey CA3

DISCUSSION

Appointed counsel filed an opening brief that sets forth the facts and procedural history of the case and asks this court to review the record and 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. As noted above, there is a discrepancy in the record as to the amount of the criminal conviction assessment. Given defendant’s single conviction, the correct amount is $30 as indicated in the minute order and the abstract of judgment. (See Gov. Code, § 70373, subd. (a)(1) [“The assessment shall be imposed in the amount of thirty dollars ($30) for each misdemeanor or felony”].) The trial court also misstated which statute authorizes this assessment, citing to Government Code section 70373.5 instead of section 70373. Though ordinarily the trial court’s oral pronouncement controls, under these circumstances, we will deem the minute order and the abstract of judgment to prevail over the reporter’s transcript. (See People…