P. v. Olsen

Filed 10/30/06 P. v. Olsen CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

THIRD APPELLATE DISTRICT

(Sacramento)

----

Defendant Eric Christian Olsen pleaded no contest to manufacturing methamphetamine (Health & Saf. Code, § 11379.6, subd. (a); further undesignated statutory references are to the Health and Safety Code) and admitted two narcotics related prior convictions (§ 11370.2, subd. (b)). A count of possession of methamphetamine (§ 11377, subd. (a)) was dismissed. Defendant was sentenced to state prison for nine years; awarded 239 days of custody credit and 118 days of conduct credit; and ordered to pay a $1,000 restitution fine (Pen. Code, § 1202.4, subd. (b)); a $1,000 restitution fine suspended unless parole is revoked (Pen. Code, § 1202.45); a $50 laboratory analysis fee (§ 11372.5, subd. (a)) plus a penalty assessment in the amount of $50 (Pen. Code, § 1464) and a penalty assessment in the amount of $35 (Gov. Code, § 76000); a $150 drug program fee (§ 11372.7, subd. (a)), a penalty assessment in the amount of $150 (Pen. Code, § 1464) and a penalty assessment in the amount of $105 (Gov. Code, § 76000); a $20 court security fee (Pen. Code, § 1465.8, subd. (a)(1)); a main jail booking fee in the amount of $178.96 (Gov. Code, § 29550.2); and a main jail classification fee in the amount of $29.95 (Gov. Code, § 29550.2).

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 discloses two errors on the abstract of judgment. First, the restitution fines were imposed in the amount of $1,000 each, but the abstract erroneously lists them as $500 each. Second, the court security fee, booking fee and classification fees, along with the penalties and assessments, must be listed on the abstract. As we explained in People v. High (2004) 119 Cal.App.4th 1192, 1200: “All fines and fees must be set forth in the abstract of judgment. [Citations.] . . . . If the abstract does not specify the amount of each fine, the Department of Corrections [and Rehabilitation] cannot fulfill its statutory duty to collect and forward deductions from prisoner wages to the appropriate agency. [Citation.] At a minimum, the inclusion of all fines and fees in the abstract may assist state and local agencies in their collection efforts. (Pen. Code, § 1205, subd. (c).) Thus, even where the Department of Corrections [and Rehabilitation] has no statutory obligation to collect a particular fee, . . . the fee must be included in the abstract of judgment.” We shall direct the trial court to prepare a corrected abstract of judgment.

Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed. The trial court is directed to prepare an amended abstract of judgment reflecting a $1,000 restitution fine (Pen. Code, § 1202.4, subd. (b); a $1,000 parole revocation fine (Pen. Code, § 1202.45); a $50 laboratory analysis fee (§ 11372.5, subd. (a)) plus a penalty assessment in the amount of $50 (Pen. Code, § 1464) and a penalty assessment in the amount of $35 (Gov. Code, § 76000); a $150 drug program fee (§ 11372.7, subd. (a)), a penalty assessment in the amount of $150 (Pen. Code, § 1464) and a penalty assessment in the amount of $105 (Gov. Code, § 76000); a $20 court security fee (Pen. Code, § 1465.8, subd. (a)(1)); a main jail booking fee in the amount of $178.96 (Gov. Code, § 29550.2); and a main jail classification fee in the amount of $29.95 (Gov. Code, § 29550.2). The trial court is further directed to forward a certified copy of the amended abstract of judgment to the Department of Corrections and Rehabilitation.

NICHOLSON , Acting P.J.

We concur:

BUTZ , J.

CANTIL-SAKAUYE , J.

Publication Courtesy of California attorney referral.

Analysis and review provided by Vista Property line attorney.