Opinion
E053846 Super.Ct.No. SWF1101039
01-04-2012
THE PEOPLE, Plaintiff and Respondent, v. KRISTOPHER WAYNE KENT, Defendant and Appellant.
Jerry D. Whatley, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, and Gary W. Schons, Assistant Attorney General, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
OPINION
APPEAL from the Superior Court of Riverside County. Dennis A. McConaghy, Judge. (Retired judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed as modified.
Jerry D. Whatley, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, and Gary W. Schons, Assistant Attorney General, for Plaintiff and Respondent.
Defendant and appellant Kristopher Wayne Kent pled guilty to a single count of threatening to commit a crime that would result in great bodily injury or death (Pen. Code, § 422) and admitted a strike prior (Pen. Code, § 667, subds. (c) & (e)(1)). Pursuant to a plea agreement, the trial court imposed a doubled midterm of four years in state prison and dismissed additional counts and enhancements.
At sentencing, the trial court stated, "Court security fee in the amount of $60. Conviction fee in the amount of $80—oops. I got that backwards. One of them is $40, and one is $30; but it comes to a total of $140." The sentencing minute order states: "Pay Court Security fee of $80.00 [$40 per convicted charge] . . . . [¶] Pay criminal conviction assessment fee of $60.00 [$30 per convicted charge]." The abstract of judgment has "80.00" in the blank for the Penal Code section 1465.8 court security fee, and in the other orders section, states, "Pay criminal conviction assessment fee of $60.00 [$30 per convicted charge] . . . (GC 70373)."
The parties correctly agree that, because defendant was convicted of only one count, the Penal Code section 1465.8 court security fee should have been set at $40 and the Government Code section 70373 court facilities assessment should have been set at $30. (Pen. Code, § 1465.8, subd. (a)(1) [$40 per conviction]; Govt. Code, § 70373, subd. (a)(1) [$30 per conviction].) Accordingly, we shall modify the judgment.
DISPOSITION
The judgment is modified to set the Penal Code section 1465.8 court security fee at $40 and the Government Code section 70373 court facilities assessment at $30. The superior court clerk is directed to prepare a new minute order and abstract of judgment reflecting the modifications, and then forward certified copies of both to the Department of Corrections and Rehabilitation. In all other respects, the judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur:
KING
J.
CODRINGTON
J.