P. v. Stayer CA3
Defendant Timothy Thomas Stayer purports to appeal from an order denying his postjudgment motion to modify his sentence by converting the $10,000 restitution fine to a term of imprisonment at the rate of $30 per day, to be served concurrent with the term of imprisonment imposed for the conviction for which the restitution fine was imposed.
Counsel was appointed to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and requesting this court to review the record and determine whether there were any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Counsel advised defendant of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. In a supplemental brief, defendant contends that he lacks ability to pay the restitution fine and that trial counsel failed to provide competent assistance of counsel in that counsel failed to object to imposition of the restitution fine.
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