P.

P. v. Padilla CA1/4

Good Law
Court of Appeal of CaliforniaJuly 23, 2013A137049California954 words

Opinion

Opinion

I.

INTRODUCTION

Anthony Joseph Padilla, Jr. appeals from a judgment entered following his “open” plea of no contest to one count of transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)), and one count of driving on a revoked driver‟s license (Veh. Code, § 14601.1, subd. (a)). As part of the negotiated plea, appellant also admitted two prior convictions for possession of a controlled substance for sale (Health & Saf. Code, § 11370.2, subd. (c)), and admitted that he had served two prior prison terms, within the meaning of Penal Code section 667.5, subdivision (b). The sole issue raised on appeal is his contention that the trial court erroneously imposed a discretionary $600 aggregate drug program fee, pursuant to Health and Safety Code section 11372.7, without finding that he had the ability to pay the fee. We affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUNDS

On August 21, 2012, a complaint was filed charging defendant with one count each of transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)), possession of methamphetamine for sale (Health & Saf. Code, § 11378), misdemeanor evading a police officer (Veh. Code, § 2800.1, subd. (a)),…

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