The People v. Nguyen CA6

STATEMENT OF THE CASE

Defendant Sang Van Nguyen pleaded guilty to two counts of petty theft with a prior robbery conviction (Pen. Code, § 666, subd. (b)(1)), one count of false personation exposing the victim to liability (Pen. Code, § 529), one count of second degree burglary (Pen. Code, §§ 459/460, subd. (b)), and one count of possession of controlled substance paraphernalia (Health & Saf. Code, § 11364). Defendant admitted a prior strike conviction (Pen. Code, §§ 667, subds. (b)(i)/1170.12 ). The trial court sentenced defendant to four years in prison and imposed various fines and fees, including a $150 drug program fee pursuant to Health and Safety Code section 11372.7. Defendant now appeals from the judgment of conviction, arguing that the drug program fee must be stricken because the trial court failed to expressly determine his ability to pay the fee. Defendant alternatively requests that we remand the matter to the trial court for a determination of his ability to pay the fee. As set forth below, we conclude that an express finding regarding defendant’s ability to pay was not required, and that the trial court properly imposed the drug program fee.1 We accordingly will…