P. v. Brock
Filed 7/10/06 P. v. Brock CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. LUTHER CLAYTON BROCK, Defendant and Appellant. | H029081 (Santa Clara County Super. Ct. No. CC270969, EE403942) |
Defendant Luther Clayton Brock was convicted by no contest pleas of carjacking and various drug and weapons offenses, and sentenced to 14 years, four months in state prison. On appeal he contends that the court (1) failed to exercise informed discretion when it imposed a consecutive term on one count, (2) erroneously imposed multiple restitution fines, (3) imposed several other fees and assessments without authorization or without evidence of his ability to pay, and (4) imposed separate punishment on two counts in violation of Penal Code section 654.[1] We agree that the court improperly imposed some fees, but find no other reversible error. Accordingly, we will order the abstract of judgment modified to reduce some ordered fees by one-third, and affirm the judgment as so modified.
BACKGROUND
Defendant was charged by first amended felony complaint No. EE403942 filed January 11, 2005, with carjacking (§ 215; count 1), being a felon in possession of a firearm (§ 12021, subd. (a)(1); count 2), and possessing cocaine base (Health & Saf. Code, § 11350, subd. (a); count 3). The complaint further alleged that defendant was out of custody on bail at the time he committed the offenses (§ 12022.1). All the offenses were alleged to have occurred on November 7, 2004.
Defendant was charged by first amended felony complaint No. CC270969, filed March 25, 2005, with possessing cocaine base for sale (Health & Saf. Code, § 11351.5; count 1), transporting cocaine base and cocaine (Health & Saf. Code, § 11352, subd. (a); counts 2 & 4), possessing cocaine for sale (Health & Saf. Code, § 11351; count 3), possessing marijuana for sale (Health & Saf. Code, § 11359, count 5), possessing â€
