California Court of Appeal Nov 20, 2015 No. E063751Unpublished
Filed 11/20/15 P. v. Tucker CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent, E063751
v. (Super.Ct.Nos. FVI1404389 & FMB1400627) JULIA ELIZABETH TUCKER, OPINION Defendant and Appellant.
APPEAL from the Superior Court of San Bernardino County. Bert L. Swift,
Judge. (Retired judge of the San Bernardino Super. Ct. assigned by the Chief Justice
pursuant to art. VI, § 6 of the Cal. Const.) Affirmed as modified.
Michelle C. Zehner, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
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Defendant and appellant Julia Elizabeth Tucker was charged by felony complaint
in case No. FVI1404389 with grand theft of personal property (Pen. Code,1 § 487,
subd. (a), count 1) and forgery exceeding $950 in value (Pen. Code, §§ 475,
subd. (b)/473, subd. (a), count 2). The information also alleged that defendant had served
four prior prison terms. (Pen. Code, § 667.5, subd. (b).) She was subsequently charged
by amended felony complaint in case No. FMB1400627 with identity theft (Pen. Code,
can be made by a clerk, by counsel, or by the court itself. (Ibid. [judge misspoke].) A
court “has the inherent power to correct clerical errors in its records so as to make these
records reflect the true facts.” (In re Candelario (1970) 3 Cal.3d 702, 705.)
With regard to case No. FMB1400627, the record states that, when ordering
defendant to pay a restitution fine, the court said: “Court orders a $21 for—or theft
account.” This statement is obscure, but the minute order reflects that the court ordered
defendant to “[p]ay a Crime Prevention fine, pursuant to PC1202.5 for each conviction,
which includes penalty assessments in the amount of $41.” The problem is that such fee
was not authorized. Section 1202.5, subdivision (a) states: “In any case in which a
defendant is convicted of any of the offenses enumerated in Section 211, 215, 459, 470,
484, 487, subdivision (a) of Section 487a, or Section 488, or 594, the court shall order the
defendant to pay a fine of ten dollars ($10) in addition to any other penalty or fine
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imposed.” Defendant was convicted of identity theft (§ 530.5), which is not one of the
offenses listed in section 1202.5. Assuming the court was ordering defendant pay the
fine under section 1202.5, it misspoke. Thus, with regard to case No. FMB1400627, the
reference in the minute order to the $41 crime prevention fee under section 1202.5 should
be stricken.
DISPOSITION
The trial court is directed to strike the $41 crime prevention fee pursuant to section
1202.5, subdivision (a), in case No. FMB1400627. The trial court is further directed to
prepare a minute order reflecting the striking of the fee and to forward a certified copy of
the amended order to the San Bernardino County Jail/Prison and San Bernardino County
Central Collections. In all other respects, the judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
HOLLENHORST Acting P. J.
We concur:
McKINSTER J.
KING J.
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AI Brief
AI-generated · verify before citing
Holding. The court affirmed the defendant's convictions and sentences but ordered the trial court to strike an unauthorized $41 crime prevention fine that was not applicable to the defendant's identity theft conviction.
Issues
Whether the trial court correctly calculated the defendant's sentence and fines.
Whether the defendant was entitled to lower fines than those stated at sentencing.
Disposition. Affirmed as modified
Quotations verified verbatim against the opinion
“The trial court is directed to strike the $41 crime prevention fee pursuant to section 1202.5, subdivision (a), in case No. FMB1400627.”
“In all other respects, the judgment is affirmed.”