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The People v. Keyshawn Yvain Wright

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento)


November 14, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
KEYSHAWN YVAIN WRIGHT, DEFENDANT AND APPELLANT.

(Super. Ct. No. 10F04247)

The opinion of the court was delivered by: Butz , J.

P. v. Wright CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Keyshawn Yvain Wright entered a negotiated plea of no contest to two counts of second degree robbery. The trial court sentenced him to state prison for four years in accordance with the plea.

Defendant's ensuing appeal is subject to the principles of People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Kelly (2006) 40 Cal.4th 106, 110. In accordance with the latter, we will provide a summary of the offense and the proceedings in the trial court.

On June 25, 2010, defendant walked into a branch of the Sacramento Credit Union, demanded money, jumped over the counter, removed cash from two teller drawers, and then fled. On July 9, 2010, defendant walked into a branch of the First U.S. Community Credit Union, demanded money, jumped over the counter, and instructed the tellers to open their drawers. He took the money from one drawer and fled.

On December 8, 2010, defendant entered a plea of no contest to two counts of second degree robbery (Pen. Code, § 211--counts one and three)*fn1 in exchange for the midterm of three years for count one and a consecutive one-third the midterm or one year for count three and the dismissal of the remaining counts (three more robbery counts) with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754.

The trial court sentenced defendant to state prison accordingly. The court imposed a $400 restitution fine (Pen. Code, § 1202.4, subd. (b)) and the stayed parallel fine for violation of parole (id., § 1202.45). The court imposed a court security fee of $20 (id., § 1465.8) and the $60 court facilities fee (Gov. Code, § 70373). The court awarded victim restitution of $9,041 to Sacramento Credit Union and $3,939 to First U.S. Community Credit Union, for a total of $12,980. (Pen. Code, § 1202.4, subd. (f).)

Defendant appeals.

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. (Wende, supra, 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.

We note two errors.

The court imposed a $20 court security fee. We find the court security fee should be increased to $80, or $40 per conviction. Effective October 19, 2010, the Legislature amended section 1465.8, subdivision (a)(1) to increase the court security fee from $30 to $40 for every conviction. (Stats. 2010, ch. 720, § 33.) Our Supreme Court concluded the Legislature intended this statute to be applied as of the date of the conviction. (People v. Alford (2007) 42 Cal.4th 749, 754.) Here, defendant entered his no contest pleas on December 8, 2010, and thereby suffered two "convictions." (People v. Davis (2010) 185 Cal.App.4th 998, 1001 [person is convicted upon the return of a guilty verdict by the jury or by the entry of a plea admitting guilt].) We shall order the judgment amended to reflect the correct court security fee of $80.

We also note an error in preparation of the abstract of judgment. Although the amount of victim restitution orally awarded for Sacramento Credit Union is listed on the abstract, the amount of victim restitution orally awarded for First U.S. Community Credit Union is not. We will order the abstract corrected accordingly. (People v. Mitchell (2001) 26 Cal.4th 181, 185.)

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 a court security fee of $80 rather than the $20 imposed by the trial court. The court shall prepare an amended and corrected abstract of judgment that includes a court security fee of $80 at item 9.d. and reflects that victim restitution was also awarded to First U.S. Community Credit Union in the amount of $3,939 at item 9.b. A certified copy of the corrected and amended abstract shall be forwarded to the Department of Corrections and Rehabilitation. As modified, the judgment is affirmed.

We concur: BLEASE , Acting P. J. HOCH , J.


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