Chavez

Certified for Partial Publication. [*]

Defendant, Jesus R. Chavez, appeals from his cocaine possession conviction (Health & Saf.Code § 11350, subd. (a)) and the trial court's finding that he was previously convicted of a serious felony and served four prior prison terms. (Pen. Code, [1] §§ 667, subd. (b)-(i), 667.5, subd. (b), 1170.12.) Defendant contends the trial court should have dismissed his prior conviction finding. In the published portion of this appeal, we discuss the effects of the section 1465.7, subdivision (a) state surcharge and Government Code section 70372, subdivision (a) state court construction penalty on the fines typically imposed in a cocaine possession case. We modify the fines imposed but otherwise affirm the judgment.

The trial court did not impose a Health and Safety Code section 11372.5, subdivision (a) laboratory fee. The Attorney General argues that the trial court erroneously failed to impose the Health and Safety Code section 11372.5, subdivision (a) drug laboratory fine and two penalty assessments, one surcharge, and a construction penalty. We largely are in agreement. Health and Safety Code section 11372.5, subdivision (a), provides…