Opinion
C060561
7-15-2009
THE PEOPLE, Plaintiff and Respondent, v. DONTE LEMAR LILLY, Defendant and Appellant.
Not to be Published
On February 12, 2008, defendant Donte Lemar Lilly sold a small amount of marijuana to an undercover peace officer. He was charged with sale of marijuana, and the amended information alleged two 2004 South Carolina strike convictions for attempted robbery and assault with intent to kill, which led to prison terms, and one prior prison term arising from a 2006 California case.
The trial court denied defendants request that the trial court strike the strikes, because although the charged offense was relatively minor, the 2004 South Carolina strikes were "fairly recent" and defendant was still on parole for his 2006 California offense at the time of the charged offense.
Pursuant to a plea bargain, defendant then pled no contest to selling marijuana and admitted one of the South Carolina strikes, assault with intent to kill, in exchange for dismissal of the other strike and the California prison term enhancement, and the low prison term, doubled for the strike.
Defendant waived his right to a probation report and the trial court sentenced him to prison for the low term of two years, doubled to four years for the strike.
Defendant timely filed this appeal.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and asks this court 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. Having undertaken an examination of the entire record, we find no arguable errors that would result in a disposition more favorable to defendant.
However, the record contains typographical errors. The trial court imposed the minimum restitution fine of $200 and a stayed parole revocation fine of $200, but the abstract and minutes show these as $100 fines. The abstract and minutes must accurately reflect the sentence imposed. (See People v. Zackery (2007) 147 Cal.App.4th 380, 385-386, 393-394.)
DISPOSITION
The trial court is directed to correct its minutes and forward a corrected abstract of judgment to the Department of Corrections and Rehabilitation. The judgment is affirmed.
We concur:
BLEASE, Acting P. J.
CANTIL-SAKAUYE, J.