California Court of Appeal

In a criminal appeal involving the issue of whether the fees under Health and Safety Code section 11372.5 and 11372.7, which impose on defendants a criminal laboratory analysis fee not to exceed $50, and a drug program fee not to exceed $150 -- are subject to additional penalty assessments under Penal Code section 1464 and Government Code section 76000, the trial court's decision is affirmed and the appellate division's decision is reversed where the levy imposed under section 11372.5 constitutes a fine or penalty that is subject to penalty assessments imposed by Penal Code section 1464 and Government Code section 76000.

Appellate Information

• Published 2017/06/06

Judges

• HOCH

Court

• California Court of Appeal

Counsel