Filed 4/24/17 P. v. Campos CA3
NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Shasta)
----




THE PEOPLE,

Plaintiff and Respondent,

v.

BRANDY LYNN CAMPOS,

Defendant and Appellant.
C083056

(Super. Ct. No. 15F101)




Appointed counsel for defendant Brandy Lynn Campos asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We direct the trial court to strike the $500 domestic violence fine from the abstract of judgment and, finding no other arguable error that would result in a disposition more favorable to defendant, affirm the judgment.
Factual and Procedural Background
We provide the following brief description of the facts and procedural history of the case pursuant to People v. Kelly (2006) 40 Cal.4th 106, 110, 124. As stipulated by the parties, the factual basis for defendant’s plea is taken from the Shasta County Sheriff’s Office report No. 14-46434, summarized in the probation report as follows:
On December 20, 2014, the victim, J.E., was awakened by defendant, who had a knife in her hand and was yelling that someone was “chasing her.” Defendant stabbed J.E. twice in the shoulder. J.E. was able to roll out of bed and flee to a nearby home. When law enforcement officers arrived, J.E., who had stab wounds to his head and shoulder area and was bleeding, was taken by ambulance to obtain medical attention. Defendant was arrested without incident.
Defendant was charged with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)--count 1) and corporal injury to a spouse, cohabitant, or child’s parent (§ 273.5--count 2). The complaint alleged that, as to count 2, defendant inflicted great bodily injury under circumstances involving domestic violence. (§ 12022.7, subd. (e).)
On June 24, 2016, the trial court granted the People’s motion to modify the complaint by adding a special allegation that, in the commission of count 2, defendant personally used a dangerous or deadly weapon, a knife. (§ 12022, subd. (b).) Defendant entered a negotiated plea of no contest to count 2 and admitted the newly added section 12022, subdivision (b) allegation in exchange for a three-year state prison sentencing “lid” and referral to Behavioral Health Court.
On August 29, 2016, the court was informed that defendant was not accepted into the Behavioral Health Court program.
On September 14, 2016, the court denied probation and sentenced defendant to the low term of two years in state prison, plus one year for the special allegation, for an aggregate term of three years in state prison. The court awarded defendant one day of presentence custody credit and imposed fees and fines as follows: a $300 restitution fine (§ 1202.4), a $300 parole revocation fine, stayed pending successful completion of parole (§ 1202.45), a $40 court operations assessment (§ 1465.8), and a $30 criminal conviction assessment fee (Gov. Code, § 70373). The court reserved jurisdiction on the issue of victim restitution.
Defendant filed a timely notice of appeal. She did not obtain a certificate of probable cause.
Discussion
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. (Wende, supra, 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. To date, defendant has not filed a supplemental brief.
Our review of the record revealed that the trial court’s sentencing order and the abstract of judgment both include a $500 domestic violence fine pursuant to section 1203.097, subdivision (a)(5), despite that no such fine was orally imposed by the court at sentencing. Where there is a discrepancy between the oral pronouncement of judgment and the minute order or the abstract of judgment, the oral pronouncement controls. (People v. Mitchell (2001) 26 Cal.4th 181, 185-186; People v. Mesa (1975) 14 Cal.3d 466, 471.) In any event, a fine imposed pursuant to section 1203.097 is to be imposed only when a defendant is “granted probation.” (§ 1203.097, subd. (a); see also People v. Kirvin (2014) 231 Cal.App.4th 1507, 1520.) Because defendant was sentenced to prison, the fine would have been unauthorized.
Having undertaken an examination of the entire record pursuant to Wende, we find no other arguable error that would result in a disposition more favorable to defendant.
Disposition
The judgment is affirmed. The trial court is directed to delete the $500 domestic violence fine from the abstract of judgment, and to prepare an amended abstract of judgment and forward a certified copy of the amended abstract to the Department of Corrections and Rehabilitation.



/s/
Blease, Acting P. J.


We concur:



/s/
Robie, J.



/s/
Duarte, J.