(Super. Ct. No. 10F07052)
The opinion of the court was delivered by: Duarte, J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Appointed counsel for defendant Maurice Lafy Fields has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We shall affirm, but shall modify the judgment to add a $200 parole revocation fine, stayed pending successful completion of parole, and direct the trial court to include in the judgment all pertinent fees and fines originally contained in the probation order, as explained post.
Defendant was charged by complaint in October 2010*fn1 with one count each of the possession of cocaine base and methamphetamine, and a prior conviction for robbery in 1985. The parties stipulated to a brief factual basis which provided that in October, defendant had a usable amount of cocaine base in his possession.
In November, defendant entered a negotiated plea of no contest to possession of cocaine base. In exchange, the trial court dismissed the remaining count and allegation of prior conviction. At the December 9 sentencing hearing, the court imposed a stipulated prison term of two years, stayed its execution, and granted probation (conditioned, inter alia, on successful participation in a six-month residential drug rehabilitation program).
It reduced the restitution fine recommended in the proposed conditions of probation to $200 (along with the parallel stayed fine payable upon revocation of probation). With respect to the other fines and fees listed in the recommended conditions of probation, the court stated only: "All other mandatory fees and fines are imposed. Those that are discretionary will be waived."*fn2 The final probation order (as interlineated) listed a number of fines and fees (with their statutory bases) that it designated as "mandatory." Neither the court's minutes nor the abstract of judgment include any of these fines or fees other than the restitution and probation revocation fines.
The program terminated defendant's participation. On February 7, 2011, the trial court revoked probation and lifted the stay on execution of sentence. It awarded conduct credits equal to defendant's time in custody, and "transferred" the previously imposed fines and fees.
We appointed appellate counsel for defendant. Counsel has filed an opening brief setting forth the facts of the case and asking us to review the record to determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Counsel advised defendant of the right to file a supplemental brief within 30 days of the date of filing the opening brief. We received no filing from defendant.
We have examined the record on appeal, and do not find any arguable error that would result in a disposition more favorable to defendant. We do, however, note that corrections need to be made to the abstract of judgment, due to the trial court's failure to appropriately designate the fines and fees that it intended to ...