Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County, Nos. SCD218205, SCD224722 Eugenia A. Eyherabide, Judge.
McINTYRE, J.
Roger Bruce Jones appeals after he pleaded guilty to: (1) unlawfully taking a vehicle, in exchange for probation and the possibility of having his sentence reduced to a misdemeanor upon successful completion of probation (SCD218205, the vehicle theft case); and (2) 35 counts of robbery (SCD224722, the robbery case). His appointed appellate counsel has filed a brief pursuant to Anders v. California (1967) 386 U.S. 738, and People v. Wende (1979) 25 Cal.3d 436, listing as possible but not arguable issues, whether: (1) Jones was properly advised of his rights and waived those rights before pleading guilty; and (2) the trial court erred in ordering a $30 court security fee in the vehicle theft case. We granted Jones permission to file a brief on his own behalf, and he has done so. Jones argues that the trial court improperly: (1) sentenced him for multiple offenses occurring on the same day; and (2) considered certain aggravating factors during sentencing.
We requested supplemental briefing from counsel to address whether the trial court erred in ordering Jones to pay a $30 court security fee in case number SCD218205. Both counsel responded to our request for supplemental briefs.
FACTS AND PROCEDURAL HISTORY
Vehicle Theft Case
On February 6, 2009, Jones pleaded guilty to unlawfully taking a vehicle, in exchange for probation and the possibility of having the sentence reduced to a misdemeanor upon successful completion of probation. On March 10, 2009, the trial court suspended imposition of the sentence and placed Jones on probation for three years. On December 30, 2009, the court summarily revoked Jones's probation after he was re-arrested.
Robbery Case
On February 18, 2010, an amended complaint charged Jones with 35 counts of robbery. On March 8, 2010, Jones pleaded guilty to all counts.
Sentencing
On August 20, 2010, the court sentenced Jones to a total prison term of 20 years and eight months. For the robbery case, Jones received 20 years, consisting of the upper term of five years for count 1, 15 consecutive one-year terms for counts 2 through 16 (one-third the mid-term of three years each), plus 19 concurrent five-year terms for counts 17 through 35. It awarded zero custody credits and ordered Jones to pay various fines and fees.
In the vehicle theft case, Jones received eight months (one-third the mid-term of two years). The court awarded 284 credits (247 actual plus 37 conduct credits) and ordered Jones to pay various fines and fees.
DISCUSSION
Penal Code section 1465.8 imposes a fee on every criminal conviction to ensure and maintain adequate funding for court security. (All undesignated statutory references are to the Penal Code.) Effective July 28, 2009, the Legislature amended section 1465.8 to increase the court security fee from $20 to $30. (Stats. 2009, 4th Ex. Sess. 2009-2010, ch. 22, § 29.) In the context of deciding whether section 1465.8 should be applied when the statute took effect after the crime was committed but before conviction, our Supreme Court concluded the Legislature intended the statute to be applied as of the date of the conviction, regardless of when the crime was committed. (People v. Alford (2007) 42 Cal.4th 749, 754.)
Here, Jones pleaded guilty in the vehicle theft case on February 6, 2009, and suffered a "conviction." (People v. Davis (2010) 185 Cal.App.4th 998, 1001 [person is convicted upon the return of a guilty verdict by the jury or by the entry of a plea admitting guilt].) At this time, former section 1465.8 provided a $20 court security fee per conviction. (Stats. 2007, ch. 302, § 18.) On August 20, 2010, the court sentenced Jones and imposed a $30 court security fee. Jones contends, the Attorney General concedes, and we agree that he was not subject to the $30 fee in amended section 1465.8 because he was convicted before the effective date of the amendment.
We reject Jones's contention that the trial court improperly sentenced him for multiple offenses occurring on the same day. (§ 213.) Although unclear, Jones also appears to argue that the trial court improperly sentenced him based on certain aggravating factors. A trial court has discretion to sentence a criminal defendant based upon an examination of the circumstances of the particular case before it. (People v. Navarro (1972) 7 Cal.3d 248, 258-259.) Here, the trial court properly considered the probation report, the statements in mitigation and aggravation, including numerous attachments. Before pronouncing sentence the trial court appropriately "weigh[ed] and balance[d]" Jones's relatively crime-free history with the "heinous" acts he committed against 35 individuals. The record reveals no abuse of discretion.
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, has disclosed no other reasonably arguable appellate issues. Jones has been competently represented by counsel on this appeal.
DISPOSITION
The trial court is directed to modify the judgment to reduce the Penal Code section 1465.8 court security fee imposed in SCD218205 from $30 to $20. The court shall forward a certified copy of the amended abstract of judgment to the California Department of Corrections and Rehabilitation. In all other respects, the judgment is affirmed.
WE CONCUR: HALLER, Acting P. J., AARON, J.