California Court of Appeal

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People v. Povio, H039309

Defendant's sentence for unlawful possession of a controlled substance, false representation and identification to a peace officer, and possession of 28.5 grams or less of marijuana, is reversed and remanded, where: 1) the $150 laboratory analysis fee should be reduced to $50; 2) the trial court was required to impose penalty assessments totaling $155 in connection with the $50 laboratory analysis fee; 3) there is nothing in the record as to defendant's ability to pay the probation supervision fee, so the probation supervision fee cannot stand; 4) penalty assessments must be imposed in connection with the drug program and AIDS Education fees, and the trial court must determine whether defendant has the ability to pay said fees in view of the total amount of fines and penalty assessments imposed on him; and 5) the 300-yard playground stay-away probation condition is modified to prohibit knowingly coming within 300 yards of a playground.

Appellate Information

  • Decided 07/17/2014
  • Published 07/17/2014

Judges

  • PREMO

Court

  • California Court of Appeal

Counsel