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Filed 4/26/16 P. v. Baker CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Butte)

----

THE PEOPLE,

Plaintiff and Respondent,

v. MATTHEW DEAN BAKER,

Defendant and Appellant. C079927 (Super. Ct. No s . CM042609, CM042831)

D e fe ndant Matthew Dean Baker pleaded no contest to grand theft of personal property exceeding $950 in one case, and pleaded n o contest to vehicle theft in another
case. The trial court sentenced him to five years eight months in prison and ordered him2

to pay an $850 fine in each case pursuant to Penal Code section 672 , 1 which authorizes a fine when no other fine is prescribed. The trial court added tha t the fines include d penalty assessments , but it did not specify th e assessments. The abstract of judgment reflects the $850 fine s but does not identify any penalty assessments. The People now claim we lack jurisdiction because defendant filed an untimel y notice of appeal. We disagree. As for defendant ’s contentions, he argues the trial court erred in imposing the section 672 fine for the grand theft offense because the court also imposed a fine pursuant to section 1202.5, subdivision (a)

. But as defen dant acknowledges, his contention is contrary to a prior decision of this court , and we decline his invitation to reconsider that holding

. Defendant also contends the trial court erred in failing to specify the statutory authority for the penalty assessments

. The People agree.
We w ill remand the matter so that the trial court can specify the statutory authority for the penalty assessments. Although not raised by the parties on appeal , our review of the record indicates that the $850 fine on the vehicle theft conviction was not authorized under section 672,
but instead is authorized pursuant to Vehicle Code section 10851, subdivision (a). Because the law appears clear, we will modify the judgment without further briefing and in the interests of j udicial economy to provide that the $850 fine on the vehicle theft conviction in case No. CM042831 is pursuant to Vehicle Code section 10851, subdivision (a). Any party aggrieved may petition for rehearing. (Gov. Code, § 68081.)
BACKGROUND
A recitation of the underlying facts is unnecessary in view of the contentions on appeal. It is sufficient to note that in case No. CM042609, defendant pleaded no contest to grand theft of personal property exceeding $950

. ( § 487, subd. (a) .) And in case

1 Undesignated statutory references are to the Penal Code.3

No. CM042831, he pleaded no contest to vehicle theft (Veh. Code, § 10851, subd. (a)) and admitted committing the felony while released on his own recognizance ( § 12022.1). Defendant entered his pleas and admission in exchange for the stipulated maximum

senten ce of five years eight months and the dismissal of the rem aining counts and allegations. Consistent with the plea agreement, the trial c ourt sentenced defendant t o the upper term of three years for the grand theft, a consecutive one

- third the midterm or e ight
months for the vehicle theft, and two years for the enhancement. The trial court also ordered defendant to pay “a fine of $850 pursuant to [section] 672 for Count 1 in each
case” and indicated that the fines include penalty assessments . But the tria l court did not specify th e assessments. The abstract of judgment reflects the $850 fine pursuant to section 672 in each case but does not identify any penalty assessments.
De fendant appeals in both cases.
DISCUSSION
I The People claim we lack jurisdict ion because defendant filed an untimely notice of appeal. They say he fil ed on t he 61st day. Defendant’s notice of appeal was filed in the superior court on Monday, August 3, 2015. California Rules of Court, rule 1.10(b) provides: “Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specif ic period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday.” Defendant’s notice of appeal was timely under th at rule. Moreover, it appears defendant personally prepared his notice of appeal and signed it on July 30, 2015, while he was incarcerated. The “prison delivery rule” may also be applicable. (Cal. Rules of Court, rule 8.25(b)(5); In re Jordan (1992) 4 Cal.4th 116, 130.) We will address defendant’s appellate con tentions.4 II Defendant argues the trial court erred in imposing the section 672 fine for the grand theft offense because the court also imposed a fine pursuant to section 1202.5, subdivision (a). He acknowledges , however, that this court rejected the sam e argument in People v. Uffel man (2015) 240 Cal. App.4 th 19 5 . Nevertheless, defendant asks us to
reconsider that decision

. But d efendant does not present a persuasive rea son for reconsidering the issue and we decline to do so. Based on Uffel man , defendant’s
contention lacks merit.
III In addition, defendant claims the trial court erred in failing to specify the statutory authority for the penalty assessments. T he People agree and we do too. ( People v. High (2004) 119 Cal. App.4 th 1192, 1200

. ) We will remand the matter so that the trial cou rt can specify the statutory authority for the penalty assessments.
I V
We also note that the $850 fine on the vehicle theft offense in case No. CM042831
was unauthorized under section 672 but was authorized under Vehicle Code
section 10851, subdivision (a), which specifies that the felony offense is punishable “pursuant to subdivision (h) of Section 1170 of the Penal Code or by a fine of not more than five thousand dollars ($5,000), or by both the fine and i mprisonment.” Vehicle Code section 10851, subdivision (a) specifies a base fine; thus, section 672 , which authorizes a fine when no other fine is prescribed, is not applicable. ( People v. Uffel man,
supra, 240 Cal.App.4th at p. 201; People v. B r eazell (20 02) 104 Cal.App.4th 298, 304.) We will modify the judgment to articulate the statutory authority for the base fine imposed on the vehicle theft offense.
DISPOSITION
The judgment is modified to provide that the $850 fine for defendant’s violation of
Vehicle Code section 10851, subdivis ion (a) in case No. CM042831 is pursuant to5

Vehicle Code section 10851, subdivision (a)

. Both cases are remanded to the trial court to specify the statutory authority for each penalty assessmen t imposed on the two $850
fine s.

/S/ Mauro, Acting P. J.

We concur:

/S/ Murray, J.

/S/ Hoch, J.