People v. Lewis CA3

Filed 5/29/14 P. v. Lewis CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE, C072243

Plaintiff and Respondent, (Super. Ct. No. SF121353A)

v.

MICHAEL DOUGLAS LEWIS,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we order a correction of the abstract of judgment and affirm the judgment. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1

PROCEDURAL AND FACTUAL BACKGROUND

A felony complaint charged defendant Michael Douglas Lewis with one count of petty theft with three prior theft-related convictions (Pen. Code, § 666)1 and alleged that defendant had one strike (§§ 211, 667, subd. (d), 1170.12, subd. (b)). Defendant entered a guilty plea to count one and admitted the alleged theft-related priors in return for the dismissal of the strike allegation and an agreed sentence of three years in state prison. The factual basis stated by the prosecutor at the change of plea hearing was as follows: On August 23, 2012, defendant entered a J.C. Penney store in Stockton, took $2,500 in merchandise, and left without paying. He had been convicted and served prison terms for grand theft (§ 497), robbery (§ 211), and burglary (§ 459). The trial court imposed the agreed-upon three-year prison sentence. The court awarded defendant 16 days of presentence custody credits (8 days actual credits and 8 days conduct credits). The court orally imposed (without stating the statutory bases) a “fine [of] $334, collectible by the Department of Corrections” and “a $240 parole revocation fine, which is stayed.” The abstract of judgment shows the following fees and fines: a $240 restitution fine (§ 1202.4, subd. (b)), a $240 restitution fine suspended unless parole is revoked (§ 1202.45), a $40 court operations assessment (§ 1465.8), a $30 conviction assessment (Gov. Code, § 70373), and a “$24 SURCHARGE” (statutory basis unspecified). It does not mention the $334 fine imposed orally by the trial court.