People v. Zurek CA3

Filed 8/3/22 P. v. Zurek CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C095303

Plaintiff and Respondent, (Super. Ct. No. 19FE017185)

v.

JACK ZUREK,

Defendant and Appellant.

Appointed counsel for defendant Jack Zurek has asked this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Our review of the record revealed the trial court failed to orally (1) impose the parole revocation fine and (2) lift the suspension on the probation revocation fine, and we will modify the judgment accordingly. Finding

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no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment as modified. 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 In September 2019, defendant possessed, and was subsequently charged with, unlawful possession of methamphetamine for purpose of sale. (Health & Saf. Code, § 11378.) In October 2019, defendant pleaded no contest to the charge. In November 2019, the trial court (1) imposed and suspended a two-year jail sentence and (2) placed defendant on five years of probation. The parties agreed defendant would have to participate successfully in reentry court for at least a year. And, if he ultimately had to be sent to the drug rehabilitation program at the jail, he would not get custody credit if he was later deleted from the reentry court. The court also imposed a $300 restitution fine (Pen. Code, § 1202.4, subd. (b))1, a corresponding $300 probation revocation fine (suspended unless probation is revoked) (§ 1202.44), a $40 court operations fee (§ 1465.8, subd. (a)(1)), a $30 criminal conviction assessment fee (Gov. Code, § 70303), a $50 crime lab fee (suspended unless probation is revoked) (Health & Saf. Code, § 11372.5, subd. (a)), a $150 drug program fee (suspended unless probation is revoked) (Health & Saf. Code, § 11372.7), and a $260 penalty (suspended unless probation is revoked) (§§ 1464, 1465.7; Gov. Code, §§ 76000, 76104.6, 76104.7, 70372). Probation was revoked and reinstated a number of times before defendant was eventually deleted from reentry court. Probation was first revoked in January 2020 and reinstated in February 2020. Probation was revoked again, and reinstated in October