What is the test for a defendant to appeal against a crime prevention fine imposed by a court on a charge of assault with intent to pervert the course of justice?

California, United States of America


The following excerpt is from People v. El, B287833 (Cal. App. 2018):

Defendant timely appealed, but limited his appeal to issues that do not require a certificate of probable cause. Appointed counsel on appeal filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). At the court's invitation, defendant filed his own brief, raising a number of issues. After independently reviewing the record, we invited supplemental briefing to address the trial court's failure to impose the crime prevention fine and granted defendant's request to file a supplemental brief concerning the amendments to sections 667 and 1385, which, beginning January 1, 2019, will give trial courts the discretion to strike the five-year enhancement imposed pursuant to section 667, subdivision (a) for a prior felony conviction.

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