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Filed 8/19/24 P. v. Churchill 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication 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

(Nevada)

----

THE PEOPLE,

Plaintiff and Respondent,

v.

GARRETT JAY CHURCHILL,

Defendant and Appellant.

C099204

(Super. Ct. Nos. F21000274, 

CR0000208B)

Appointed counsel for defendant Garrett Jay Churchill asks this court to review 

the record in two cases and determine whether there are any arguable issues on appeal. 

(People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable errors that would result in 

a disposition more favorable to defendant, we affirm the judgment. We direct the trial 

court to amend the abstract of judgment to list a conviction assessment of $30.
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I. BACKGROUND

In 2018, defendant was convicted of possession of a short-barreled shotgun (Pen. 

Code, § 33215) in El Dorado County.1 Defendant was released on community 

supervision in 2020. In 2023, the probation department petitioned to have defendant’s 

post-release community supervision revoked, alleging that for months defendant had

failed to report to his probation officer, advise his probation officer of a change in 

residence, and report all contact with law enforcement. After a contested violation and 

revocation hearing in case No. CR0000208B, the trial court sustained the petition and 

found defendant in violation of the terms of his post-release community supervision. 

Separately, in 2021, in case No. F21-000274, the People charged defendant with 

attempting to deter an executive officer (§ 69), and alleged a prior serious or violent 

felony (§§ 667, 1170.12). Defendant pled guilty to the offense, and the prior strike 

allegation was dismissed. The trial court suspended imposition of sentence and granted 

defendant two years’ probation. In 2022, the probation department petitioned to have 

defendant’s probation revoked for failure to enroll in a treatment program and failure to 

report to the probation department. The trial court found defendant violated the terms of 

his probation. 

On June 16, 2023, the trial court sentenced defendant to the middle term of two 

years in case No. F21-000274 and to a concurrent term of 180 days in case 

No. CR0000208B. Along with other fines and fees, the court imposed a $30 conviction 

assessment pursuant to Government Code section 70373. The abstract of judgment lists 

this assessment as $300. 

Defendant timely appealed. 

1 Undesignated statutory references are to the Penal Code. 
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II. DISCUSSION

Appointed counsel filed an opening brief that sets forth the facts and procedural 

history of the case and asks this court to review the record and determine whether there 

are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant 

was advised by counsel of his right to file a supplemental brief within 30 days from the 

date the opening brief was filed. More than 30 days have elapsed, and defendant has not 

filed a supplemental brief.

Having undertaken an examination of the entire record pursuant to Wende, we find 

no arguable errors favorable to defendant. Accordingly, we will affirm the judgment. 

But as noted above, there is a discrepancy in the record as to the amount of the conviction 

assessment. The correct amount is $30 as imposed by the trial court at sentencing. (See 

Gov. Code, § 70373, subd. (a)(1) [“The assessment shall be imposed in the amount of 

thirty dollars ($30) for each misdemeanor or felony”].) The trial court shall amend the 

abstract of judgment to list the conviction assessment as $30 instead of $300.

III. DISPOSITION

The judgment is affirmed. The trial court shall prepare an amended abstract of 

judgment listing a conviction assessment of $30 and forward it to the Department of 

Corrections and Rehabilitation.

/S/

 

RENNER, J.

We concur:

/S/

 

EARL, P. J.

/S/

 

ROBIE, J.