People v. Chambers CA3

Filed 5/19/22 P. v. Chambers CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C093840

Plaintiff and Respondent, (Super. Ct. No. 20FE002948)

v.

KEINYATEY DEBROS CHAMBERS,

Defendant and Appellant.

Pursuant to a negotiated agreement, defendant Keinyatey Debros Chambers pled no contest to robbery (count one). He agreed to enter this plea in exchange for dismissal of the remaining charges: an allegation that he personally used a firearm in the commission of count one (Pen. Code, § 12022.53, subd. (b))1 and one count of possession of a firearm by a person convicted of a felony (count two). His motion for dismissal of the remaining charges was apparently never ruled on orally by the court.

1 Undesignated statutory references are to the Penal Code.

1

On January 14, 2021, the court suspended imposition of judgment and sentence and placed defendant on probation for five years based on his robbery conviction. On January 21, 2021, the court added a condition of probation that defendant submit his person, residence, vehicle, and property to search and seizure. On appeal, defendant argues: (1) the clerk’s minutes must be corrected to reflect the court’s oral pronouncements with respect to fines and fees and probation conditions; and (2) count two and the firearm enhancement allegation with respect to count one must be dismissed. We agree with the People that the latter argument is not reviewable on appeal because imposition of judgment and sentence were suspended. As to defendant’s first argument pertaining to clerical errors in the minutes, the People contend defendant’s first notice of appeal was ineffective and his second notice of appeal was untimely as to fines and fees ordered on January 14. We will deem defendant’s notices of appeal sufficient to address the clerical errors and will modify the oral pronouncement to impose the mandatory $40 court operations assessment pursuant to section 1465.8 and a $30 court facilities assessment pursuant to Government Code section 70373. We will direct the trial court to correct the minutes to reflect its oral pronouncements as modified. The judgment is otherwise affirmed. I. BACKGROUND At the January 14, 2021 hearing, the court did not impose any fines or fees and specified victim restitution would be set at zero. The minute order for this hearing nonetheless states restitution would be determined and various fines and fees had been ordered by the court including a $900 restitution fine (§ 1202.4, subd. (b)); a $900 parole revocation restitution fine, suspended pending successful completion of parole (§ 1202.44); a $40 court operations assessment (§ 1465.8); a $30 court facilities assessment (Gov. Code, § 70373); a $25 criminal justice administration fee (former Gov. Code, § 29550.2); a $10 crime prevention fee (§ 1202.5); and a 20 percent state criminal fine surcharge (§ 1465.7, subd. (a)).