Opinion
NOT TO BE PUBLISHED
Super. Ct. Nos. 06F341, 06F10001
BUTZ, J.
This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436. Having reviewed the record as required by Wende, we order correction of the amended abstract and shall affirm the judgment.
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, supra, 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 have elapsed, and we have received no communication from defendant.
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, 123-124.)
On January 12, 2006, officers went to defendant’s residence looking for a suspect who was wanted on a felony warrant. After arresting the suspect, officers elected to perform a parole search of the residence, since defendant was on searchable parole. Upon searching the residence, officers found a functional rifle.
Defendant was charged in case No. 06F341 with possession of a firearm by a convicted felon in violation of Penal Code section 12021, subdivision (a)(1). It was also alleged defendant had served two prior prison terms within the meaning of section 667.5, subdivision (b).
Undesignated statutory references are to the Penal Code.
Defendant waived a jury and proceeded to a court trial. Near the end of trial, however, defendant absconded to Idaho. The trial proceeded in defendant’s absence and the trial court found him guilty of the charged offense and found the two prior prison term allegations to be true. Defendant was sentenced in absentia to the upper term of three years, plus one year each for the two prior prison terms.
Two months later, defendant pleaded guilty in case No. 06F10001 to felony failure to appear in violation of section 1320.5, based on his absence from his court trial in case No. 06F341. He also admitted to having committed the offense while he was on bail. (§ 12022.1.) His plea was part of a global settlement wherein it was agreed that his sentence in case No. 06F341 would be recalled and his term reduced by one year to the middle term, and he would be sentenced to a consecutive two years eight months in case No. 06F10001.
The trial court sentenced defendant accordingly to the middle term of two years for possession of a firearm (case No. 06F341), one year for each of the two prior prison terms (case No. 06F341), a consecutive eight months for failing to appear (case No. 06F10001), and two years for the on bail enhancement (case No. 06F10001), for a total of six years eight months in state prison.
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
We do, however, note two errors in the amended abstract of judgment that require correction. The trial court ordered defendant to pay a $20 court security fee in both case No. 06F341 and case No. 06F10001. The amended abstract of judgment, however, erroneously omits the $20 court security fee imposed in case No. 06F341. (See People v. High (2004) 119 Cal.App.4th 1192, 1200 [“All fines and fees must be set forth in the abstract of judgment”].)
Additionally, defendant was awarded 38 actual days and 18 conduct days, for a total of 56 days of custody credit in case No. 06F10001. The amended abstract of judgment erroneously reflects a total of 59, rather than 56, total credits in that case.
DISPOSITION
The judgment is affirmed. The trial court is directed to prepare a corrected abstract of judgment reflecting the trial court’s imposition of a $20 court security fee on case No. 06F341 and reflecting a total of 56 presentence custody credits on case No. 06F10001. The trial court shall then forward a certified copy of the second amended abstract of judgment to the Department of Corrections and Rehabilitation.
We concur: SCOTLAND, P.J., MORRISON, J.