How have the courts dealt with a motion to strike a defendant's application to appeal against the court's order that defendant pay fees and fines?

California, United States of America


The following excerpt is from People v. Belvins, E071481 (Cal. App. 2019):

On October 1, 2018, defendant filed a timely notice of appeal and a request for a certificate of probable cause. On October 9, 2018, the trial court granted defendant's request for a certificate of probable cause. On March 4, 2019, defense counsel filed a request for an extension of time to file and serve a supplemental brief, if necessary. On March 14, 2019, we denied the motion but "GRANTED an extension to serve and file, with the clerk of this court, on or before April 3, 2019, a written report on the trial court's ruling on appellant's motion. At that time, if appellant wants to brief an issue, he may file a motion to strike the brief filed pursuant to People v. Wende (1979) 25 Cal.3d 436, and to file a new appellant's opening brief." On April 3, 2019, defense counsel filed a letter with the court indicating that the trial court has granted defendant's motion to strike the court's orders that defendant pay fees and fines. The copy of the minute order was also attached to the letter. Defendant did not file a motion to strike his Wende brief.

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