Opinion
C043062.
7-24-2003
THE PEOPLE, Plaintiff and Respondent, v. KIRK ALLEN SHARRAH, Defendant and Appellant.
Pursuant to a negotiated disposition involving two pending cases, defendant Kirk Allen Sharrah pled no contest to receiving a stolen motor vehicle (Pen. Code, § 496d, subd. (a)), and evading a police officer (Veh. Code, § 2800.2, subd. (a)), and admitted one prior serious felony conviction and two prior prison terms. (Pen. Code, §§ 667.5, subd. (b), 1170.12.) The People agreed defendant would receive a six-year sentence and dismissed an additional count. Defendant was sentenced to the midterm of 32 months (16 months doubled) for receiving a stolen vehicle, and a consecutive term of 16 months (8 months doubled) for evading an officer, plus two years for the prior prison terms. The trial court imposed a $ 400 ($ 200 per case) restitution fine. (Pen. Code, § 1202.4.) Defendants application for a certificate of probable cause was denied. Defendant concurrently filed a notice of appeal from sentencing.
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.
We note an error requiring correction. The trial court failed to orally impose the $ 200 suspended parole revocation restitution fines under Penal Code section 1202.45 on each case. These fines are mandatory when restitution fines have been imposed under Penal Code section 1202.4. This is a pure error of law, which we shall correct. (People v. Smith (2001) 24 Cal.4th 849, 853.) We shall modify the judgment to reflect the imposition of these suspended fines. The abstract of judgment already reflects these fines, although the trial court failed to orally impose them.
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is modified to include imposition of a $ 200 suspended parole revocation restitution fine in case No. 01F06088 and a $ 200 suspended parole revocation restitution fine in case No. 02F04395. (Pen. Code, § 1202.45.)
As modified, the judgment is affirmed.
We concur: RAYE, J., KOLKEY, J. --------------- Notes: The People also declined to file an enhancement for committing a crime while out on bail from the first case.