P. v. Simmons CA3
Appointed counsel for defendant, Aaron Thomas Simmons, filed an opening brief that sets forth the facts 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.) Thereafter, defendant filed two supplemental briefs. We also requested supplemental briefing on (1) the applicability of Senate Bill No. 567 (2021-2022 Reg. Sess.), Assembly Bill No. 124 (2021-2022 Reg. Sess.) and Assembly Bill No. 1540 (2021-2022 Reg. Sess.) to this case, and (2) the inconsistencies between the fines and fees orally imposed by the court and reflected in the minute orders. Having reviewed defendant’s arguments, the supplemental briefing, and the record as required by Wende, we will remand the matter to allow the trial court to select a sentence in light of the changes brought about by this new legislation. As to the fines and fees, we shall direct the trial court to correct clerical errors. In all other respects
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