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People v. Morales

California Court of Appeals, Fourth District, First Division
Jun 10, 2011
No. D058032 (Cal. Ct. App. Jun. 10, 2011)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. ISAURA MORALES, Defendant and Appellant. D058032 California Court of Appeal, Fourth District, First Division June 10, 2011

NOT TO BE PUBLISHED

APPEAL from a judgment of the of San Diego County, Super. Ct. No. SCD221165, Kathleen M. Lewis, Judge.

BENKE, Acting P. J.

Isaura Morales entered a negotiated guilty plea to attempted murder (Pen. Code, §§ 664, 187, subd. (a)) while armed with a firearm (§ 12022, subd. (a)(1)), and assault with a firearm on a peace officer (§ 245, subd. (d)(1)). The court sentenced her to a stipulated 10-year prison term: the seven-year middle term for attempted murder, one year for the arming enhancement, and two years (one-third the middle term) for assault with a firearm on a peace officer. Morales appeals. We affirm.

All statutory references are to the Penal Code.

The court expressly imposed various fines and fees "as well as the other fines as recommended on page 9 of the probation report." While there are no other fines recommended in the probation report, there is an "Administrative Screening Fee pursuant to PC1463.7 in the amount of $154." Section 1463.7 (use of funds transferred to University of California Regents) is inapplicable here. Presumably the probation report meant section 1463.07, which is also inapplicable. That section provides for a $25 administrative screening fee for a defendant released on his or her own recognizance. We strike the fee. (See People v. Taylor (2004) 118 Cal.App.4th 454, 456.)

BACKGROUND

On June 10, 2009, Morales aided and abetted an attempted murder, while vicariously armed with a firearm, and an assault on two police officers.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436 (Wende). Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders) counsel lists, as a possible but not arguable issue: whether the court correctly denied Morales's request for a certificate of probable cause.

We granted Morales permission to file a brief on her own behalf. She has not responded. A review of the record pursuant to Wende and Anders, including the possible issue listed pursuant to Anders, has disclosed no reasonably arguable appellate issues. Morales has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is modified by striking the "Administrative Screening Fee pursuant to PC1463.7 in the amount of $154." The judgment is affirmed as so modified.

WE CONCUR: McINTYRE, J.IRION, J.


Summaries of

People v. Morales

California Court of Appeals, Fourth District, First Division
Jun 10, 2011
No. D058032 (Cal. Ct. App. Jun. 10, 2011)
Case details for

People v. Morales

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ISAURA MORALES, Defendant and…

Court:California Court of Appeals, Fourth District, First Division

Date published: Jun 10, 2011

Citations

No. D058032 (Cal. Ct. App. Jun. 10, 2011)