Opinion
NOT TO BE PUBLISHED
Sonoma County Super. Ct. No. SCR586642
SIMONS, J.
Defendant Jose Mondragon-Carrillo appeals a judgment following his no contest plea to possession of methamphetamine for sale (Health & Saf. Code, § 11378). A prior felony drug conviction allegation (§ 11370.2, subd. (c)) and a prior prison term allegation (Pen. Code, § 667.5, subd. (b)) were found true. His counsel has advised that examination of the record reveals no arguable issues. (Anders v. California (1967) 386 U.S. 738; People v. Wende (1979) 25 Cal.3d 436.) Counsel informed defendant that a Wende brief was being filed and that defendant had the right to personally file a supplemental brief in this case within 30 days. No supplemental brief has been filed. We remand for correction of the abstract of judgment and otherwise affirm.
All undesignated section references are to the Health and Safety Code.
Defendant was sentenced to seven years in state prison.
The background facts are taken from the probation report.
On the evening of July 16, 2010, a Sonoma County Sheriff’s deputy stopped a car driven by defendant for driving with only his parking lights on, failure to activate his turn signal, and stopping beyond the limit line at an intersection. When the officer asked defendant for his driver’s license, defendant reached toward the car’s floor board between his feet. He was ordered out of the car and produced a Mexico driver’s license, which the officer suspected was fraudulent. The Department of Motor Vehicles confirmed that defendant was unlicensed and had a recent conviction for driving without a license. Defendant was arrested and confirmed that the car was his. During an inventory search of the car, the officer found a leather pouch; inside the pouch were 20 plastic bags containing a total of approximately one ounce of methamphetamine. The officer opined the methamphetamine was possessed for sale.
A complaint was filed charging defendant with possession of methamphetamine for sale (§ 11378) and unlawful transportation of methamphetamine (§ 11379, subd. (a)). It also alleged that defendant had suffered prior drug-related convictions (§ 11370.2, subd. (c)) and a prior prison term (Pen. Code, § 667.5, subd. (b)). Defendant pled not guilty.
On July 30, 2010, pursuant to a negotiated disposition, and after proper advisement of his constitutional rights, defendant pled no contest to possession of methamphetamine (§ 11378), a single section 11370.2, subdivision (c) allegation and a Penal Code section 667.5, subdivision (b) allegation. In exchange the court dismissed the section 11379, subdivision (a) charge and remaining section 11370.2, subdivision (c) allegations, and imposed a seven-year prison term.
The court imposed a three-year upper term on the section 11378 offense, a three-year term on the section 11370.2, subdivision (c) enhancement, and a one-year term on the Penal Code section 667.5, subdivision (b) enhancement.
The court imposed a $200 restitution fine (Pen. Code, § 1202.4, subd. (b)), a $200 parole revocation fine (Pen. Code, § 1202.45) suspended unless parole is revoked, and a $30 court security fine (Pen. Code, § 1465.8). It awarded defendant 15 days of actual credit and 14 days of conduct credit.
Although the reporter’s transcript reflects that the trial court ordered restitution and parole revocation fines in the amount of $200, the abstract of judgment reflects imposition of restitution and parole revocation fines in the amount of $800. We notified the parties of the discrepancy and informed them that, unless we received written objection, we would affirm the judgment and direct the trial court to amend the abstract of judgment to reflect imposition of a $200 restitution fine (Pen. Code, § 1202.4, subd. (b)) and a $200 parole revocation fine (Pen. Code, § 1202.45), and to forward a certified copy of the amended abstract of judgment to the California Department of Corrections and Rehabilitation. No objection has been received.
Defendant was adequately represented at all stages of the proceedings. No arguable issue is shown.
DISPOSITION
The matter is remanded and the trial court is directed to amend the abstract of judgment to reflect imposition of a $200 restitution fine (Pen. Code, § 1202.4, subd. (b)) and a $200 parole revocation fine (Pen. Code, § 1202.45), and to forward a certified copy of the amended abstract of judgment to the California Department of Corrections and Rehabilitation. The judgment is otherwise affirmed.
We concur. JONES, P.J., BRUINIERS, J.