Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 07F01999
SCOTLAND, P.J.
On February 27, 2007, defendant was seen driving a stolen car with license plates belonging to a different car. Defendant had been previously convicted of a felony and knew the car was stolen. When police officers stopped and tried to detain him, he dropped a handgun and a plastic container containing methamphetamine.
After his motion to suppress evidence was denied, defendant entered a negotiated plea of no contest to unlawfully driving of another’s vehicle (count one), receiving stolen property (count two), being a convicted felon in possession of a firearm (count three), and possessing methamphetamine. He also admitted that he was armed with a firearm in connection with counts one, two, and four; that he had a prior serious felony conviction; and that he had served a prior prison term. In exchange for his pleas, it was agreed he would receive a prison term of five years.
In accordance with the plea agreement, the trial court sentenced defendant to four years on each count (the middle term of two years, doubled due to his prior serious felony conviction) plus one year for the firearm enhancements. Execution of sentence on counts two and three was stayed (Pen. Code, § 654), and count four was ordered to run concurrently. In the interest of justice, the trial court struck the one-year prior prison term enhancement. (Pen. Code, § 1385.)
Defendant was awarded 179 days of actual custody credit and 88 days of conduct credit, and was ordered to pay a restitution fine of $600 (Pen. Code, § 1202.4), another restitution fine of $600 suspended unless parole is revoked (Pen. Code, § 1202.45), $1,370 in victim restitution, a $50 laboratory analysis fee (Health & Saf. Code, § 11372.5, subd. (a)) plus $100 in penalty assessments, and a $150 drug program fee (Health & Saf. Code, § 11372.7) plus $300 in penalty assessments.
Defendant appeals.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and asks us to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.
Our review of the record reveals two errors on the abstract of judgment. It erroneously reflects a Penal Code section 12022, subdivision (a)(1), firearm enhancement with respect to count three (possession of a firearm), but there was no firearm enhancement as to that count; and the penalty assessments imposed by the court on the drug program fee and laboratory analysis fee are not included on the abstract. (People v. High (2004) 119 Cal.App.4th 1192, 1200 [all fines and fees must be set forth in the abstract of judgment].) The abstract must be corrected accordingly.
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed. The trial court is directed to (1) correct the abstract of judgment by deleting reference to the firearm enhancement on count three and setting forth the applicable penalty assessments, and (2) forward a certified copy of the amended abstract to the Department of Corrections and Rehabilitation.
We concur: NICHOLSON, J., CANTIL-SAKAUYE, J.