Opinion
C085188
07-19-2018
THE PEOPLE, Plaintiff and Respondent, v. JEREMY EUGENE MILLER, Defendant and Appellant.
ORDER MODIFYING OPINION [CHANGE IN JUDGMENT] THE COURT:
It is ordered that the opinion filed herein on July 19, 2018, be modified as follows:
On page 3, the paragraph before the heading "Disposition" is deleted.
On page 4, the section under the heading "Disposition" is modified to read: "The judgment is affirmed."
This modification changes the judgment. BY THE COURT: HULL, A.P. J. MURRAY, J. DUARTE, J. NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. Nos. CM042312, CM042417, CM043926)
On December 12, 2014, a police officer located a vehicle he believed to be stolen, with license plates that did not match the vehicle. Another officer located a second vehicle of the same make, that had license plates belonging to the first vehicle. Officers approached the second vehicle, located defendant Jeremy Eugene Miller in the driver's seat, and ordered him out of the car.
Defendant said that he had been paid to install a stereo in the vehicle; however, other than the person's first name, he could not provide any information about who had hired him. A search of the car uncovered several items belonging to the owner of a third stolen car. Defendant was taken into custody, booked at the county jail, and subsequently released.
On December 28, 2014, police officers responded to a report of two apartments being burglarized. Officers surrounded the apartments in question and observed a male inside one of the units. The resident was contact by phone, and police confirmed that all of the residents were out of town and that no one should be in the apartment. Defendant was found hiding under the bed of the apartment, after having refused to exit upon the officers' commands.
A witness had seen defendant enter the apartments and showed officers which vehicle belonged to him. A set of keys for that vehicle were found where defendant had been hiding. A search of that vehicle uncovered three flat-screen televisions, a glass bong, a small digital scale, multiple keys, screwdrivers, wires, and headphones. The vehicle had been reported stolen.
On January 15, 2015, defendant pled no contest to first degree burglary (Pen. Code, § 459; undesignated statutory references are to the Penal Code) in case No. CM042312, and to receiving a stolen vehicle (§ 496d, subd. (a)) in case No. CM042417.
The trial court sentenced defendant to the upper term of six years for the first degree burglary, and a consecutive eight months for the receipt of the stolen vehicle. The trial court imposed various fines and fees, and awarded defendant 144 days of presentence custody credit. Defendant appealed, and this court ordered a correction to the abstract of judgment and affirmed.
In October 2014, defendant entered a residence with the intent to commit a theft therein. In May 2017 he pleaded no contest to first degree burglary (§ 459) in case No. CM043926. The trial court imposed a stipulated term of 16 months for the burglary conviction in CM043926, consecutive to the terms imposed in case Nos. CM042312 and CM042417, for a total state prison term of eight years. The court also imposed various fines and fees, and awarded 144 days of presentence custody credit from case Nos. CM042312 and CM042417, and an additional 812 days of actual credit for time in custody between the first and second sentencing hearings.
Defendant appeals. He did not obtain 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.
There is an error in the imposition of fines and fees. The trial court did not impose the $40 court operations fee (§ 1465.8) and the $30 criminal conviction assessment (Gov. Code, § 70373) in case No. CM043926. The fee and assessment are both mandatory, and failure to impose them results in an unauthorized sentence that can be corrected at any time. (People v. Talibdeen (2002) 27 Cal.4th 1151, 1157.) We shall modify the judgment to include both.
DISPOSITION
The judgment is modified to include a $40 court operations fee (§ 1465.8) and a $30 criminal conviction assessment (Gov. Code, § 70373) in case No. CM043926. As modified, the judgment is affirmed. The trial court is directed to prepare an amended abstract of judgment and to forward a certified copy to the Department of Corrections and Rehabilitation.
HULL, Acting P. J. We concur: MURRAY, J. DUARTE, J.