People v. Boudreau CA3

Filed 4/21/21 P. v. Boudreau CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C092030

Plaintiff and Respondent, (Super. Ct. No. STKCRFE20190004171) v.

ANDREW OLIVER BOUDREAU,

Defendant and Appellant.

Appointed counsel for defendant Andrew Oliver Boudreau filed an opening brief setting forth the facts of the case and asking this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) After reviewing the entire record, we affirm the judgment but remand for amendment of the abstract of judgment.

1

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) FACTUAL AND PROCEDURAL BACKGROUND Defendant was charged with first degree burglary (Pen. Code, § 459—count 1),1 second degree burglary (§ 459—count 2), and two counts of taking a vehicle without consent (Veh. Code, § 10851, subd. (a)—counts 3 and 4). It was further alleged as to each count that defendant had served a prior prison term. (§ 667.5, subd. (b).) Pursuant to a plea agreement, defendant pleaded no contest to second degree burglary (count 2) and taking a vehicle without consent (count 3). In exchange for defendant’s plea, the remaining counts were dismissed. Defendant was released on bail until sentencing. The trial court sentenced defendant to a split sentence (§ 1170, subd. (h)(5)(b)) for the upper term of three years for second degree burglary and one-third the middle term of eight months for taking a vehicle without consent for a total term of three years eight months. The court ordered two years to be served in county jail with one year eight months to be served under mandatory supervision. As to second degree burglary, the court ordered defendant to pay a restitution fine of $300 (§ 1202.4, subd. (b)), with an additional $300 probation revocation fine, which was stayed pending successful completion of mandatory supervision (§ 1202.45), and the court added: “[A]ny applicable penalty assessments and criminal surcharges will also be assessed on the appropriate fines and fees pursuant to Penal Code section 1202.4(l), 1464 and 1465.7.” The minute order lists a “$30.00 Surcharge” and “Fines/Fees $70 stayed.” Consistent with the minutes, the abstract of judgment included as other orders: “$30. SURCHARGE. $70. STAYED. FINES/FEES TO PROBATION.”