Opinion
NOT TO BE PUBLISHED
Super. Ct. No. CH023477
HULL, J.Defendant Mark Staiger was serving a 22-year prison term at High Desert State Prison when, while moving defendant to a new cell, prison guards found a “shank” hidden in defendant’s bed. Defendant was subsequently charged with possession of a sharp instrument while confined in a penal institution. (Pen. Code, § 4502, subd. (a).) The prosecutor also alleged three prior prison terms. (Pen. Code, § 667.5, subd. (b).)
A jury found defendant guilty as charged and defendant admitted the prior prison terms, waiving his right to a jury trial on that issue. The trial court stayed the three-year enhancement for defendant’s priors, and sentenced defendant to a term of three years in state prison, the term to run consecutive to the term he is currently serving.
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 have elapsed, and we have received no communication from defendant.
Our examination of the record reveals an error in that the trial court attempted to waive the court security fee. Penal Code section 1465.8 requires the court to impose a $20 court security fee for every conviction. The court had no authority to waive the mandatory $20 court security fee. (See People v. Schoeb (2005) 132 Cal.App.4th 861, 865 [Penal Code section 1465.8 “unambiguously requires a fee to be imposed for each of defendant’s convictions. Under this statute, a court security fee attaches to ‘every conviction for a criminal offense’”].) We shall modify the judgment accordingly. Any party aggrieved by this procedure may petition for rehearing. (Gov. Code, § 68081.)
Having undertaken an examination of the entire record, we find no other arguable error that would result in a disposition more favorable to defendant.
Disposition
The judgment is modified to impose a $20 court security fee. As so 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.
We concur: DAVIS, Acting P.J., ROBIE, J.