P. v. Barrera
A jury found defendant and appellant Adrian Barrera guilty of attempted second degree robbery. (Pen. Code, §§ 664/211[1].) Defendant admitted that he suffered a prior conviction within the meaning of the Three Strikes law (§§ 667, subds. (b)-(i) & 1170.12, subds. (a)-(d)) and section 667, subdivision (a). The trial court sentenced defendant to nine years in state prison and imposed, as relevant here, a $30 court security fee. (§ 1465.8.)
On appeal, defendant contends that his admission that he suffered the prior conviction was not voluntary and intelligent because it was taken without a proper advisement and waiver of his constitutional rights, and that the $30 court security fee was improper because the increase in the court security fee from $20 to $30 may not be imposed retroactively on offenses that were committed prior to the effective date of the legislation increasing the fee. Respondent notes that the trial court erred in imposing sentence on defendant's attempted second degree robbery conviction when it purported to impose a middle term of four years. We affirm defendant's conviction and the $30 court security fee. Defendant's admission of his prior conviction and his â€
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