P. v. Fryman
A jury convicted defendant of assault with a deadly weapon (Pen. Code, 245, subd. (a)(1)) with infliction of great bodily injury (Pen. Code, 12022.7, subd. (a)). The court sentenced defendant to state prison for five years the low term of two years for the assault enhanced by three years for the great bodily injury.
Defendant appealed and an opening brief was filed on her behalf by appointed counsel. Counsel argued that remand for resentencing was required because the trial court failed to understand that it had discretion to strike the great bodily injury enhancement in the interests of justice. While the appeal was pending, the court recalled defendants sentence (Pen. Code, 1170, subd. (d)) and granted her probation. Appointed counsel, thereafter, moved to strike her opening brief as moot and to file a brief pursuant to People v Wende (1979) 25 Cal.3d 436 (Wende). The motion was granted and counsel filed a Wende brief.
The judgment is affirmed.
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