People v. Clarke CA3

Filed 2/24/16 P. v. Clarke CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C077606

Plaintiff and Respondent, (Super. Ct. Nos. MF038020A, MF038224A) v.

SAMUEL EDWARD CLARKE,

Defendant and Appellant.

Defendant Samuel Edward Clarke requests this court remand the matter to the trial court to correct the abstract of judgment so it identifies the statutory bases of the fines, fees, and assessments imposed. The People concede the point. We agree and will strike the $38 law enforcement fee as unauthorized and direct the trial court to prepare an amended abstract of judgment. BACKGROUND1 Case No. MF038020A -- In June 2014, defendant pleaded no contest to unlawful driving or taking a vehicle. (Veh. Code, § 10851, subd. (a).) Under the original terms of

1 The substantive facts underlying defendant’s convictions are irrelevant to the issue on appeal and are not recounted.

1

the plea agreement, defendant would be sentenced to a two-year term and the prior strike allegations would be dismissed. Defendant requested the court grant him a two-week stay on execution of sentence. To ensure defendant’s appearance after the two-week period, the trial court indicated defendant would have to plead guilty and admit a strike in exchange for a sentence of four years at 80 percent. Upon his appearance, the trial court would allow defendant to withdraw his strike admission and modify the sentence to two years at 50 percent. The trial court sentenced defendant to two years, doubled as a result of the strike, and ordered defendant to pay a “$300 restitution fine, $300 parole or PRCS revocation fine, 112 in revenue, security, and assessments.” The minute order2 reflects the $300 restitution fines under Penal Code3 sections 1202.4 and 1202.45, and fines of “30/40 fine/fee pursuant to Con Assm/CS,” “$38 Law Enforcement Fine,” and “$4 Fine/Fees stayed for good cause.” Defendant did not appear after the two-week stay and the trial court issued a bench warrant. Case No. MF038224A -- Approximately one month later, the prosecutor charged defendant with committing an escape while felony charges were pending against him (§ 4532, subd. (b)(1)), in addition to alleging defendant had two prior serious felony convictions (§§ 1170.12, 667, subd. (b)-(i)) and had served three prior prison terms (§ 667.5, subd. (b)). Defendant pleaded no contest to the escape charge. The trial court reiterated the sentence of four years previously imposed in case No. MF038020A and noted the fines and fees were also already imposed in that case. In case No. MF038224A, in accordance with the plea, the trial court sentenced defendant to the low term of 16 months consecutive with the term in case No. MF038020A. The trial