Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 08F01067
ROBIE, J.
Defendant Jammal Bowie made harassing phone calls and sent text messages to his ex-wife who had a protective order against him. He later showed up at her house and damaged the garage door, which prevented it from opening. Defendant subsequently called and threatened to harm her.
Defendant pled no contest to felony vandalism. The court subsequently denied defendant’s motion to withdraw his plea, and in accordance with the plea agreement, suspended imposition of sentence and placed defendant on five years’ formal probation. The court ordered fines and fees. Defendant appeals without having obtained a certificate of probable cause.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.
Our review of the record has disclosed a clerical error. At sentencing, the court reserved awarding victim restitution pending a hearing on the matter. The order of probation, filed on the same day as the sentencing hearing, sets a condition of probation that defendant pay the victim $3,000 in restitution. There is no record of any restitution hearing or subsequent restitution order, and we shall order the court to strike the condition from the probation order.
Having undertaken an examination of the entire record, we find no other arguable error in favor of defendant.
DISPOSITION
The trial court is directed to strike from the probation order the condition ordering defendant to pay $3,000 in victim restitution pursuant to Penal Code section 1202.4. In all other respects, the judgment is affirmed.
We concur: RAYE, Acting P. J., HULL, J.