People v. Trujillo CA6

I. INTRODUCTION

Defendant Michael James Trujillo pleaded no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), misdemeanor possession of burglar’s tools (Pen. Code, § 466),1 and misdemeanor possession of controlled substance paraphernalia (former Health & Saf. Code, § 11364.1). He also admitted that he had served four prior prison terms (§ 667.5, subd. (b)). The trial court found that defendant had one prior strike (§§ 667, subds. (b)-(i), 1170.12). After granting defendant’s Romero motion,2 the court sentenced defendant to two years in prison and ordered him to pay a restitution fine of $240 plus an administrative fee of 10 percent for a total of $264.

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 People v. Superior Court (Romero) (1996) 13 Cal.4th 497. On appeal, defendant contends that the 10 percent administrative fee, or $24, is unauthorized and should be stricken. For reasons that we will explain, we will affirm the judgment but order the correction of clerical errors in the sentencing minutes and the abstract of judgment.

II. BACKGROUND

In 2013, defendant was charged by complaint with possession of…