Opinion
NOT TO BE PUBLISHED
Super. Ct. Nos. 092954, 101528.
RAYE, P.J.
On March 21, 2010, police officers responding to a silent alarm in West Sacramento found defendant Wesley Gabourie with items stolen from a commercial building. On June 10, 2009, defendant was found possessing.2 gram of methamphetamine following a traffic stop.
Defendant pled no contest to transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)) in case No. 092954 and second degree burglary (Pen. Code, § 459) in case No. 101528, and admitted a prior strike conviction in both cases (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). The trial court sentenced defendant to a stipulated term of nine years four months, imposed various fines and fees, and awarded 279 days’ presentence credit (187 actual and 92 conduct).
Defendant appeals. The trial court denied his application for 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 requests 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 error that would result in a disposition more favorable to defendant.
However, we find an error in preparation of the abstract of judgment. The trial court imposed a $50 criminal laboratory analysis fee (Health & Saf. Code, § 11372.5) plus a $140 penalty assessment, and a $150 drug program fee (Health & Saf. Code, § 11372.7) plus a $420 penalty assessment. Neither the fees nor their corresponding assessments are in the abstract. We shall direct the trial court to prepare an amended abstract of judgment.
DISPOSITION
The trial court is directed to prepare an amended abstract of judgment reflecting the $50 laboratory fee with a $140 penalty assessment and the $150 drug program fee with a $420 penalty assessment, and to forward a certified copy of the amended abstract to the Department of Corrections and Rehabilitation. The judgment is affirmed.
We concur: HULL, J., HOCH, J.