People v. Jackson CA2/2

Filed 11/20/13 P. v. Jackson CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SECOND APPELLATE DISTRICT DIVISION TWO

THE PEOPLE, B247172

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA054935) v.

AL TYRONE JACKSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Richard E. Naranjo, Judge. Affirmed as modified with directions.

James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews and David E. Madeo, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Al Tyrone Jackson (defendant) appeals from the judgment entered upon his plea of no contest to possession of cocaine. He challenges a $10 fee surcharge and mandatory penalty assessments totaling $140 which were not orally pronounced by the court at sentencing or itemized properly in the abstract of judgment. Defendant asks that they be stricken. Respondent requests that we modify the judgment to include the penalty assessments and surcharge and that we order the trial court to issue an amended abstract of judgment. We deny defendant’s request to strike the assessments and a surcharge and instead order an amended abstract of judgment. We affirm the judgment as modified. BACKGROUND After defendant’s jury trial ended in a mistrial an amended information was filed, charging defendant in count 1 with felony possession of cocaine in violation of Health and Safety Code section 11350, subdivision (a), as well as three misdemeanor drug charges. In addition, the amended information alleged that defendant had suffered two prior convictions within the meaning of the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)),1 which made him ineligible for local custody pursuant to section 1170, subdivision (h)(3). The amended information further alleged that defendant had suffered four prior convictions for which he had served prison terms within the meaning of section 667.5, subdivision (b). On February 5, 2013, defendant entered into a plea agreement under which he pled no contest to count 1 and admitted one prior conviction in exchange for a sentence of 32 months in prison with 824 days of presentence custody credit. The trial court informed defendant that he would be ordered to pay a $600 parole revocation fine, a $40 court security fee, a $30 criminal conviction/facilities assessment fee, a $50 lab fee, and a $600 victim restitution fine. The trial court then sentenced defendant as agreed to the low term of 16 months in prison, doubled to 32 months as a second strike, dismissed the misdemeanor counts, and awarded 824 days of presentence custody credits.