(Super. Ct. No. 08F04643)
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Shaneil Cooks 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).) As we explain post, the abstract of judgment fails to accurately reflect the trial court's judgment; further, the judgment must be modified because the custody credit award is deficient.
Defendant was part of a plan to lure Samuel Wilson to a location where defendant's cohort Randall Powell ultimately shot and killed him. The murder took place on June 8, 2008. Defendant and her four cohorts had planned to rob Wilson in retaliation for Wilson's selling one of them an essentially empty box in lieu of the television he claimed was inside. A witness saw one of the cohorts trying to steal the victim's watch immediately after the shooting.
Approximately six weeks before the murder, defendant and one of her cohorts stole a purse from Yesenia Espinoza in a parking lot. Defendant pushed Espinoza and defendant's cohort hit Espinoza in the head several times when she resisted.
Defendant was charged with the murder and attempted robbery of Wilson, while armed with a firearm. (Pen. Code, §§ 187, 211, 664, 12022, subd. (a)(1).)*fn1 It was further alleged that the murder was committed under the special circumstance that it took place during the attempted commission of a robbery. (§ 190.2, subd. (a)(17).) Defendant was also charged with robbery of Espinoza. (§ 211.)
Defendant pled no contest to voluntary manslaughter (§ 192, subd. (a)) and admitted she was armed with a firearm during the commission of the offense (§ 12022.5, subd. (a)). She also pled no contest to attempted robbery from Wilson, while armed with a firearm, and to the robbery of Espinoza. (§§ 211, 664, 12022, subd. (a).) In exchange for her plea, the parties agreed she would receive a term of 23 years in prison, with a waiver of all custody credits earned prior to the date of her plea.
On June 10, 2011, the trial court sentenced defendant, in accordance with the agreement, to 23 years in state prison as follows: the upper term of 11 years for voluntary manslaughter and a consecutive upper term of 10 years for the firearm enhancement; a consecutive eight months for attempted robbery and a consecutive one year, four months for the associated firearm enhancement; and a concurrent middle term of three years for robbery.
Defendant was awarded 61 days of custody credit (which did not include the day of sentencing). The trial court also ordered fines and fees as follows: a $2,400 restitution fine (§ 1202.4); a $2,400 stayed parole revocation fine (§ 1202.45); $10 crime prevention fine (§ 1202.5); three $40 court security fees for a total of $120 (§ 1465.8, subd. (a)(1)); three $30 court facility fees for a ...