Filed 12/29/17 P. v. Fuentez CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA



THE PEOPLE,

Plaintiff and Respondent,

v.

RICHARD ANTHONY FUENTEZ,

Defendant and Appellant.
D071184



(Super. Ct. No. FWV1302419)


APPEAL from a judgment of the Superior Court of San Bernardino, Mary E. Fuller & Shahla S. Sabet, Judges. Affirmed.
Law Offices of Allen G. Weinberg and Allen G. Weinberg, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
After a jury convicted appellant Richard Anthony Fuentez of numerous counts, the trial court sentenced him to a total of 49 years and four months in prison comprised of, among other things, a consecutive 16-month term for the firearm enhancement appended to one of the counts (Count 4, Pen. Code, § 12022.5, subds. (a) & (d)). The court also ordered pursuant to section 1202.4, that Fuentez pay $65,958.99 to the Arrowhead Regional Medical Center.
Fuentez appealed the original sentence and in Fuentez I, this court ordered his sentence vacated. (People v. Fuentez (Feb. 9, 2016, D069062) [nonpub. opn.] [2016 Cal.App. Unpub. Lexis 1048] (Fuentez I).) We remanded the matter to the trial court with directions to stay the enhancement for use of a firearm appended to count 4 pursuant to section 1170.1, subdivision (f). We also ordered the trial court on remand to conduct new proceedings concerning the appropriate amount of victim restitution under section 1202.4, and to revisit the order for reimbursement of attorney fees under section 987.8, subdivision (b). (Ibid.)
On remand, the trial court resentenced appellant to 48 years in prison by imposing the same sentence as had previously been imposed reduced by the 16 months for the firearm use enhancement that was ordered stayed in Fuentez I. The court reserved jurisdiction over restitution (§ 1204, subd. (f); People v. Buford (2007) 146 Cal.App.4th 966, 970) and also found Fuentez had no ability to pay attorney fees (§ 978.8, subd. (b); People v. Verduzco (2012) 210 Cal.App.4th 1406, 1420–1421). Fuentez again appeals.
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. He presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738. Counsel identifies, as possible issues, whether Fuentez was properly sentenced on remand, and whether the trial court was required to order an updated probation report before resentencing Fuentez. (People v. Murray (2012) 203 Cal.App.4th 277, 289, disapproved on other grounds People v. Gutierrez (2014) 58 Cal.4th 1354, 1370, 1387.)
We offered Fuentez the opportunity to file a supplemental brief on his own behalf. Despite being granted multiple extensions of time within which to file such a brief, he has failed to do so. A review of the record pursuant to Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738 has disclosed no reasonably arguable appellate issues. Fuentez has been competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.


DATO, J.

WE CONCUR:



BENKE, Acting P. J.



O'ROURKE, J.