People v. Starks CA3

Filed 8/11/14 P. v. Starks CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C075386

Plaintiff and Respondent, (Super. Ct. No. 13F864)

v.

ANTHONY STEFON STARKS,

Defendant and Appellant.

This case comes before us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), which requires us to review the entire record on appeal to determine whether there are any issues that arguably might benefit defendant Anthony Stefon Starks. Finding one omission on the abstract of judgment, we shall direct a correction of the abstract and affirm the judgment.

1

We provide the following brief description of the procedural history of the case and the factual basis for defendant’s plea. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

PROCEDURAL BACKGROUND

Defendant entered a negotiated plea whereby he pleaded no contest to two counts of second degree robbery (Pen. Code, §§ 211, 212.5—counts 1 & 2)1 and admitted an enhancement for use of a firearm (§ 12022.5, subd. (a)) in exchange for a stipulated sentence of eight years in state prison.

Following the trial court’s denial of defendant’s motion to be released pending sentencing, he requested, and received, immediate sentencing (waiving referral to probation for a report). The court imposed the agreed upon an eight-year term—the midterm of three years for the robbery in count 1 plus four years for the firearm use, and an effective consecutive sentence of one year on count 2. The court granted defendant 301 days of presentence custody credit (262 actual, 39 conduct). (Pen. Code, § 2933.1.) The court imposed restitution fines of $560 pursuant to each of Penal Code sections 1202.4, subdivision (b) and 1202.45, an $80 court security fee per Penal Code section 1465.8, a $39 crime prevention fee per Penal Code section 1202.5, and a criminal conviction assessment of $60 per Government Code section 70373.