P. .v Smith-Williams
Filed 8/25/06 P. .v Smith-Williams CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. SHEILA DENISE SMITH-WILLIAMS, Defendant and Appellant. |
F049427
(Super. Ct. No. 1086816)
O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Stanislaus County. J. Rick Distaso, Judge.
Susan K. Keiser, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Carlos A. Martinez and Mathew Chan, Deputy Attorneys General, for Plaintiff and Respondent.
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A jury found appellant guilty of a single count of selling a controlled substance (Health & Saf. Code, § 11352, subd. (a)). Appellant admitted two of the five prior prison term allegations and the court struck the others. Appellant had a trailing forgery case. Appellant entered into a negotiated plea on that case. On the day of sentencing, appellant received a 6 year 8 month prison term. On the same day, but when the court was not in session, the court, by minute order, imposed a $1,200 restitution fine under Penal Code section 1202.4, subdivision (b) and a $1,200 parole revocation fine under section 1204.45. The sole ground for appeal relates to the imposition of the restitution fines. Appellant makes two contentions, namely, (1) that the imposition of the restitution fines was improper because appellant was not present when the fines were imposed and (2) the reporter's transcript, which makes no mention of restitution fines, should prevail over the clerk's transcript. We affirm.
The reporter's transcript of the sentencing hearing makes no mention of any restitution fines being imposed. The clerk's minute order for the date of sentencing, however, includes a handwritten entry that reads, â€
