Opinion
NOT TO BE PUBLISHED
Super.Ct.No. 07SCR04394
SCOTLAND, P. J.
Defendant Arthur Aguilar Estrada was a prisoner at the Valley View Conservation Camp. One morning, he went out with a work crew to burn piles of brush. Captain Jim Barry was in charge of the crew. After the crew had lunch, Barry counted the men to account for all of the prisoners. Defendant was missing. Barry blasted a signal horn and called defendant’s name several times, checked with another work crew that was laboring in the creek, and searched the area, all to no avail. Defendant did not return to camp that evening.
Defendant entered a negotiated plea of no contest to prisoner escape without force or violence (Pen. Code, § 4530, subd. (b); further section references are to the Penal Code unless otherwise specified) and admitted having a prior serious felony conviction within the meaning of the three strikes law. Pursuant to the plea agreement, allegations that defendant had previously served six prison terms within the meaning of section 667.5, subdivision (b), were to be dismissed.
The trial court described the plea as a “plea of guilty,” but the plea form, initialed and signed by defendant and signed by the trial judge, shows defendant entered a plea of no contest.
Defendant was sentenced to six years in prison (the upper term of three years for the escape, doubled due to his strike), and was awarded 253 days of custody credit. The upper term was chosen because of defendant’s “prior criminal activity.” Defendant was ordered to pay a $1,200 restitution fine (§ 1202.4, subd. (b)) and to provide DNA samples (§ 296); another $1,200 restitution fine was imposed but suspended unless parole is revoked (§ 1202.45).
Defendant filed a timely notice of appeal. He did not obtain a certificate of probable cause.
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.
Having undertaken an examination of the entire record, we find two errors in the judgment that must be corrected. In the interest of judicial economy, we addressed the error without requesting supplemental briefing. A party claiming to be aggrieved may petition for rehearing. (Gov. Code, § 68081.)
First, under the terms of the plea agreement, allegations that defendant had previously served six prison terms within the meaning of section 667.5, subdivision (b) were to be dismissed. However, the People never moved to dismiss these allegations; and in sentencing defendant in accordance with the plea agreement, the court never actually dismissed the allegations. We shall direct the trial court to dismiss the prior prison term enhancements.
Second, the court failed to impose the court security fee (§ 1465.8), which is $20 per conviction, to be collected by the county and paid to the state. This fee is mandatory. (Cf. People v. Wallace (2004) 120 Cal.App.4th 867, 877.) Therefore, it is subject to imposition on appeal even if the prosecutor failed to object in the trial court. (People v. Talibdeen (2002) 27 Cal.4th 1151, 1157.) We shall modify the judgment accordingly.
Having reviewed the record, we find no other arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is modified to order defendant to pay the court security fee of $20. (§ 1465.8) As modified, the judgment is affirmed. The trial court is directed to dismiss the six prior prison term allegations (§ 667.5, subd. (b)); amend the abstract of judgment to reflect imposition of the $20 court security fee; and send a certified copy of the amended abstract to the Department of Corrections and Rehabilitation.
We concur: HULL, J., ROBIE, J.