P. v.
Filed 4/4/13 P. v. Jackson 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NOT TO BE PUBLISHED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opinion has not been certified for publication or ordered published for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.
IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE
DISTRICT
(Sacramento)
----
THE PEOPLE,
Plaintiff and Respondent,
v.
RONALD L. JACKSON, JR.,
Defendant and Appellant.
C070454
(Super. Ct. No. 11F01825)
asked this court to review the record to determine whether there are any
issues on appeal.
(
ADDIN BA xc <@cs> xl 36 s CBLKAO000001 xhfl Rep xpl 1 l "
Cal.3d 436" People
v. Wende (1979) 25 Cal.3d 436 ( ADDIN BA xc <@$cs> xl 5 s
CBLKAO000001 xpl 2 Wende).) We conclude the judgment must be modified to
include imposition of certain mandatory fines and fees. We will modify the judgment, affirm the
judgment as modified, and direct the trial court to amend the abstract of
judgment.
BACKGROUND
On March 9, 2011, law enforcement responded to a call of
domestic violence at the home of defendant’s girlfriend, Elizabeth V. When law enforcement arrived, they saw Elizabeth “frantically running†from her home,
“carrying a small child in her arms.†Elizabeth approached the officers’ vehicle; she
appeared “shooken up†and had visible injuries to her face and upper body. Elizabeth gave the officers “a brief synopsis [of]
what happened,†and said that defendant had “fled the scene.†After five minutes of looking for defendant,
the officers returned to the scene and spoke with Elizabeth.
Elizabeth told the officers she and defendant had
been arguing from approximately 1:00 a.m. until just before the officers arrived
around noon.
That argument became physical, and defendant told Elizabeth to go to the garage. Once there, Elizabeth called out for the woman who lived with
them, Lacina N. Lacina came into the
garage, and Elizabeth ran across the street to her neighbor’s
house, asking her neighbor to call 911. Elizabeth then returned to her garage, where
defendant again assaulted her. During
the renewed assault, defendant “whipped†Elizabeth and Lacina with a jump rope,
and then used the same rope to choke Elizabeth.
Lacina ran from the garage; defendant “let[] up on†the rope and Elizabeth ran after her. Elizabeth and Lacina ran back to the
neighbor’s house and called 911.
Defendant was arrested and charged
with the following crimes against Elizabeth V.: attempted murder ( ADDIN BA xc <@st> xl 32 s CBLKAO000005
xpl 1 l "Pen. Code, §§ 664/187, subd. (a)" Pen. Code, §§ 664/187, subd. (a)),
CBLKAO000015 xpl 1 l "§ 207, subd. (a)" § 207, subd. (a)), two counts of
inflicting corporal injury on the parent of his own child or children ( ADDIN BA xc <@osdv> xl 18 s
CBLKAO000016 xpl 1 l "§ 273.5, subd. (a)" § 273.5, subd. (a)), two counts of
making criminal threats ( ADDIN BA xc <@osdv> xl 5 s
CBLKAO000017 xpl 1 l "§ 422" § 422), and false imprisonment ( ADDIN BA xc <@osdv> xl 5 s
CBLKAO000018 xpl 1 l "§ 236" § 236).
Defendant also was charged with crimes against Lacina N.: battery ( ADDIN BA xc <@osdv> xl 16 s
CBLKAO000019 xpl 1 l "§ 243, subd. (d)" § 243, subd. (d)) and false
imprisonment (
ADDIN BA xc <@$osdv> xl 5 s CBLKAO000018 xpl 1 § 236).
It was further alleged that defendant was previously convicted of a
serious felony within the meaning of ADDIN
BA xc <@osdv> xl 31 s CBLKAO000020 l "section 1192.7,
subdivision (c)" section 1192.7, subdivision (c).
The charging information was later
amended, removing the charge of attempted murder and charging defendant instead
with assaulting Elizabeth V. “with a deadly weapon, to wit, a jump rope.†( ADDIN BA xc <@osdv> xl 19 s
CBLKAO000021 xpl 1 l "§ 245, subd. (a)(1)" § 245, subd. (a)(1).) Defendant pleaded not guilty to the amended
charges and denied the allegations, and a jury trial began that same day. Following the admission of evidence, but
prior to submitting the case for the jury’s deliberations, the People moved to
dismiss the second charge of inflicting corporal injury on a parent of
defendant’s own child or children. ( ADDIN BA xc <@$osdv> xl 18 s
CBLKAO000016 xpl 1 § 273.5, subd. (a).) The court granted the People’s motion. The case was later submitted to the jury.
The jury sent two questions to the
trial court during its deliberations.
The first was for a read-back of witness testimony, the second question
indicated they had reached a verdict of not guilty on several counts but were
“deadlocked†on others. The trial court
asked the jurors if further deliberations would help them reach a verdict; the
jurors indicated no amount of deliberation would help. The court advised the jury that given the
“fairly limited amount of deliberations†they had engaged in, the court would
order them to return the following day and deliberate for at least another hour
or two. The court reassured the jury
they would not be compelled to continue deliberating after that time if they
were truly deadlocked.
The following day, after 58 minutes
of additional deliberation, the jury sent a note to the trial court that read,
“This jury is still deadlocked . . . on counts 1, 3, 7, 8 & 9. Any further discussion will lead to a higher
level of hostility.†The court
determined the jurors had deliberated the case and were not able to agree on a
verdict as to the disputed counts. The
jury found defendant not guilty of kidnapping and making criminal threats. The court declared a mistrial as to the
remaining counts. At the court’s
request, the jury foreperson advised that on the remaining counts, the majority
of the jurors would have found defendant guilty.
Defendant subsequently pleaded no
contest to an amended charge of assault by means likely to produce great bodily
injury ( ADDIN BA xc <@$osdv> xl 19 s
CBLKAO000021 xpl 1 § 245, subd. (a)(1)) and admitted
previously being convicted of a serious felony.
The trial court then sentenced defendant to the low term of two years,
doubled to four years for the prior serious felony conviction. The court awarded defendant 381 days of
custody credit (255 days’ actual and 126 conduct) and ordered defendant to pay
a restitution fine of $240. ( ADDIN BA xc <@osdv> xl 8 s
CBLKAO000022 xpl 1 l "§ 1202.4" § 1202.4.)
Appointed counsel filed an opening
brief setting forth the facts of the case and asking this court to review the
record and determine whether there are any arguable issues on appeal. ( ADDIN BA xc <@$cs> xl 27 s
CBLKAO000001 xhfl Rep xpl 1 Wende,
to file a supplemental brief within 30 days of the date of filing the
opening brief. More than 30 days elapsed
and we received no communication from defendant.
DISCUSSION
Based on our review of the record,
we conclude the judgment must be modified to include imposition of certain
mandatory fines and fees, and the abstract of judgment must be amended.
The oral imposition of sentence
constitutes the judgment in an action. ( ADDIN BA xc <@cs> xl 45 s
CBLKAO000006 xhfl Rep xpl 1 l "People
v. Mitchell
v. Mitchell (2001) 26 Cal.4th 181, 185; ADDIN
BA xc <@cs> xl 53 s CBLKAO000007 xhfl Rep xpl 1 l "
147 Cal.App.4th 380" People
v. Zackery (2007) 147 Cal.App.4th 380, 387-388.) Thus, the oral rendition of judgment must
specify the amounts of and the statutory bases for all fines and fees that the
trial court imposes ( ADDIN BA xc <@cs> xl 48 s
CBLKAO000008 xhfl Rep xpl 1 l "People
v. High
v. High (2004) 119 Cal.App.4th 1192, 1200) or, at minimum, include an
incorporation of an accurate written breakdown by reference. And because the abstract of judgment is the
order that executes the judgment by transferring defendant into custody and
authorizing the performance of its provisions ( ADDIN BA xc <@$cs> xl 37 s
CBLKAO000006 xhfl Rep xpl 1 Mitchell,
BA xc <@cs> xl 41 s CBLKAO000009 xhfl Rep xpl 1 l "
Cal.2d 881" In re
Black (1967) 66 Cal.2d 881, 889-890), it must be an accurate summary
of the judgment, including all fines and fees ( ADDIN BA xc <@$cs> xl 39 s
CBLKAO000008 xhfl Rep xpl 1 High,
BA xc <@$cs> xl 46 s CBLKAO000007 xhfl Rep xpl 1 Zackery,
supra, 147 Cal.App.4th at pp.
387-388; ADDIN BA xc <@cs> xl 50 s
CBLKAO000010 xhfl Rep xpl 1 l "People
v. Sanchez
v. Sanchez (1998) 64 Cal.App.4th 1329, 1332; ADDIN
BA xc <@cs> xl 47 s CBLKAO000011 xhfl Rep xpl 1 l "
Cal.App.4th 1071" People
v. Hong (1998) 64 Cal.App.4th 1071, 1080).
When it came time to impose fines
and fees at sentencing, the trial court orally imposed a $240 restitution fine
pursuant to ADDIN BA xc <@$osdv> xl 14 s
CBLKAO000022 section 1202.4. But it did not orally impose and stay the
mandatory matching parole revocation fine, which in this case must also be
$240. ( ADDIN BA xc <@osdv> xl 9 s
CBLKAO000023 xpl 1 l "§ 1202.45" § 1202.45.) As the fine is mandatory, we will modify the
judgment to include it. (
1151, 1157 (Talibdeen).) Thus, although the abstract of judgment
already includes the mandatory $240 parole revocation fine, the judgment must
be modified to include the same.
At sentencing, the trial court also
failed to orally impose the mandatory court security fee ( ADDIN BA xc <@st> xl 19 s
CBLKAO000012 xpl 1 l "Pen. Code, § 1465.8" Pen. Code, § 1465.8) in the amount of
$40, and the mandatory court facilities assessment ( ADDIN BA xc <@st> xl 18 s
CBLKAO000013 xpl 1 l "Gov. Code, § 70373" Gov. Code, § 70373) in the amount of
$30. We will modify the judgment to
include those fees as well. (
Those fees are likewise omitted from the abstract of judgment.
The judgment must be modified to
include these mandatory fees and the abstract of judgment amended
accordingly. 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
$240 parole revocation fine, a $40 court security fee, and a $30 court facilities
assessment. As modified, the judgment is
affirmed. The trial court is directed to
prepare an amended abstract of judgment reflecting the judgment as modified and
to forward a certified copy thereof to the California
of Corrections and Rehabilitation.
RAYE , P. J.
We concur:
BUTZ , J.
DUARTE , J.
name="_ftn1" title="">[1] Undesignated statutory references are to the ADDIN BA xc <@ost> xl 10 s
CBLKAO000014 l "Penal
Code" Penal Code.
