Opinion
NOT TO BE PUBLISHED
Super. Ct. Nos. 06F6243, 07F3268
CANTIL-SAKAUYE, J.
In August 2006, defendant Stephen Brian Jones argued with his mother, grabbed her by the shoulder, threatened to cut her throat with a knife, retrieved a knife from the kitchen, and threatened to cut his own wrist, and then locked himself in his bedroom.
Because defendant pled guilty, our factual basis is taken from the probation officer’s report.
In September 2006, in case No. 06F6243, defendant pled guilty to elder abuse. (Pen. Code, § 368, subd. (b)(1).) In exchange, a count of criminal threats (§ 422) was dismissed. Imposition of sentence was suspended and defendant was placed on probation for three years, ordered to serve 73 days of incarceration with credit for time served, and ordered to pay a $200 restitution fine (§ 1202.4) plus a 10 percent administrative fee, a $200 restitution fine suspended pending successful completion of probation (§ 1202.44), and a $20 court security fee (§ 1465.8).
Hereafter, undesignated statutory references are to the Penal Code.
In April 2007, police officers responded to a burglar alarm at a pain management clinic. They noted that entry had been gained by breaking exterior windows. Defendant was found inside the building along with several sample medications in his coat pockets and in a bag near the point of entry. He had a tire iron in his waistband.
In August 2007, in case No. 07F3268 defendant pled guilty to second degree burglary (§§ 459, 460, subd. (b)) and admitted that the plea constituted a violation of his probation in case No. 06F6243. In exchange, counts of vandalism (§ 594, subd. (b)(1)) and possession of burglary tools (§ 466) were dismissed with a Harvey waiver for restitution.
People v. Harvey (1979) 25 Cal.3d 754.
In case No. 06F6243 defendant was sentenced to state prison for the middle term of three years. The $200 restitution fine and other fines and fees were confirmed, and defendant was ordered to pay a $200 restitution fine suspended pending successful completion of parole. (§ 1202.45.)
In case No. 07F3268 defendant was sentenced to state prison for a consecutive term of eight months, ordered to pay $4,086 plus a 10 percent administrative fee to the victim, and ordered to pay a $200 restitution fine (§ 1202.4) plus a 10 percent administrative fee, a $200 restitution fine suspended unless parole is revoked (§ 1202.45), and a $32.50 theft fine (§ 1202.5). He was awarded 59 days of custody credit and 28 days of conduct credit.
The reporter’s transcript lists this as a $10 fee. The clerk’s transcript and abstract of judgment list it as a 10 percent fee. A 10 percent fee is consistent with the court’s order in the earlier case. Under these circumstances, the reporter’s transcript appears to contain a typographical error.
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 that the trial court did not orally pronounce the $20 court security fee in case No. 07F3268. We shall modify the judgment to include that mandatory fee. Because the fee appears in the minutes and on the abstract of judgment, no correction of those documents is necessary.
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 modified to impose a $20 court security fee in case No. 07F3268. As so modified, the judgment is affirmed.
We concur: SCOTLAND, P.J., NICHOLSON, J.