People v. Shrofe CA4/1

Filed 11/18/20 P. v. Shrofe CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D077254

Plaintiff and Respondent,

v. (Super. Ct. No. SCN393011)

BRYAN WAYNE SHROFE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, K. Michael Kirkman, Judge. Affirmed. Appellate Defenders, Inc. and Jill Kent, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, Steve Oetting and Anthony Da Silva, Deputy Attorneys General, for Plaintiff and Respondent. Bryan Wayne Shrofe entered a negotiated guilty plea for attempting to unlawfully possess ammunition while prohibited from doing so. (Pen. Code,

§§ 664, 30305, subd. (a)(1).)1 On appeal, Shrofe contends the trial court’s oral pronouncement of judgment was erroneously transcribed and the abstract of judgment must be corrected. Specifically, Shrofe asserts the trial court intended to stay (not “state,” as transcribed) the imposition of fines, fees, and assessments pending a formal hearing regarding his ability to pay. The People concede the abstract of judgment should be corrected. We accept the People’s concession and direct the trial court to correct the abstract of judgment. BACKGROUND We summarize the facts from the probation officer’s report. In November 2018, officers observed Shrofe driving through a closed business parking lot, in an area where recent vandalism and auto thefts had occurred. Officers conducted a traffic stop of his vehicle because the rear license plate was obstructed. Shrofe could not properly identify himself, and in his vehicle, officers found two methamphetamine pipes, a 15-round high-capacity pistol magazine, and 37 rounds of ammunition. It was determined that Shrofe’s driver’s license was suspended, and he was a convicted felon. Shrofe was charged with attempting to unlawfully possess ammunition while prohibited from doing so (Pen. Code, §§ 664, 30305, subd. (a)(1); count 1); possessing paraphernalia used for narcotics (Health & Saf. Code, § 11364; count 2); and driving a motor vehicle while his privilege was suspended or revoked (Veh. Code, § 14601.1, subd. (a); count 3). As to count 1, it was alleged that Shrofe committed the offense while released from custody on bail pending final judgment on an earlier felony offense (Pen. Code, § 12022.1, subd. (b).)