People v. Jensen CA3

Filed 7/30/15 P. v. Jensen CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C072001

v. (Super. Ct. No. 02F09287)

KEITH HUGH JENSEN,

Defendant and Appellant.

Defendant Keith Hugh Jensen appeals from a conviction for spousal rape, false imprisonment, misdemeanor spousal battery, and making criminal threats. On appeal, defendant challenges the trial court’s imposition of a booking fee in the amount of $160 and a main jail classification fee in the amount of $36. We conclude defendant has forfeited his challenge to the booking fee and main jail classification fee. However, we direct the trial court to correct the abstract of judgment to reduce the booking fee from $166 to $160 to conform to the trial court’s oral pronouncement of judgment. Defendant also asks us to order correction of the abstract of judgment to accurately reflect that his upper term sentence of three years for making criminal threats

1

(Pen. Code, § 422)1 was the base term, and not one-third of the upper term, as the abstract of judgment currently reflects. We direct correction of the abstract of judgment as requested and affirm the judgment. BACKGROUND2 Defendant called his estranged wife, T., in the early morning hours of May 4, 2002. He demanded a ride to his father’s house. During the drive, defendant threatened to kill those close to T. and bring her “world to an end.” When they arrived at their destination, defendant pulled T. from the car into a bedroom in the house, closing and locking the door behind them. In the bedroom, defendant hit T., raped her, and threatened to “take [her] world down even though it mean[t] spending the rest of [his] life on death row.” T. eventually managed to get out of the house and flee with the help of a friend who called 911. On May 16, 2003, defendant was charged by amended information as follows: (1) spousal rape with force (§ 262, subd. (a)(1)--count one); (2) false imprisonment (§ 236-- count two); (3) misdemeanor spousal battery (§ 243, subd. (e)(1)--count three); and (4) making criminal threats (§ 422--count four). The amended information also alleged defendant had served four prior prison terms. (§ 667.5, subd. (b).) Defendant represented himself at trial and was found guilty as charged. The jury also found the four prior prison term allegations to be true. Following almost 10 years of litigation, including an appeal to this court (People v. Jensen, supra, C046679) and a habeas corpus petition to the United States