Opinion
C042560.
7-18-2003
THE PEOPLE, Plaintiff and Respondent, v. JAMES L. KEFFER, Defendant and Appellant.
Pursuant to a bargain, defendant James L. Keffer pleaded guilty to transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)) and second degree burglary (Pen. Code, §§ 459, 460). Defendant was sentenced to state prison for the mitigated term of two years for the drug offense and the aggravated term of three years for the burglary. Each sentence was ordered to run consecutively to a five-year term defendant was presently serving, resulting in an additional one year, eight months (one-third the midterm of three years for the drug offense and one-third the midterm of two years for the burglary).
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, 158 Cal. Rptr. 839, 600 P.2d 1071.) 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.
Our review has disclosed one error. The trial court failed to impose the mandatory fee plus penalty assessments for a criminal laboratory analysis (Health & Saf. Code, § 11372.5, subd. (a), Pen. Code, § 1464, Gov. Code, § 76000). We are authorized to correct this error. (People v. Turner (2002) 96 Cal.App.4th 1409, 1414-1416.) The laboratory fee is $ 50 and the penalty assessments total $ 85 ($ 50 per Pen. Code, § 1464 and $ 35 per Gov. Code, § 76000), adding up to $ 135.
Aside from the foregoing error, our review of the record discloses no arguable error from which defendant would benefit.
DISPOSITION
The judgment is modified to reflect the imposition of a $ 50 crime laboratory analysis fee pursuant to Health and Safety Code section 11372.5, subdivision (a) along with penalty assessments of $ 50 pursuant to Penal Code section 1464 and $ 35 pursuant to Government Code section 76000. As modified, the judgment is affirmed and the superior court is directed to prepare an abstract of judgment reflecting the modification and forward a certified copy thereof to the Department of Corrections.
We concur: SCOTLAND, P.J., and ROBIE, J.