Thomas

Appellant, William Ray Thomas, was convicted upon entering a plea of guilty to a charge of selling cocaine in violation of Health and Safety Code section 11352, subdivision (a). He admitted an allegation of a prior narcotics-related conviction and stipulated to the upper term of imprisonment. In addition to the stipulated term, the court imposed a three-year consecutive term based upon the prior conviction, a $200 restitution fine, a $50 laboratory fee and a $70 fine pursuant to section 11350, subdivision (c).

The factual basis for the crime is undisputed: appellant sold cocaine to a police informant.

On appeal, the sole issue raised by appellant is whether the trial court exceeded its authority in imposing the $70 fine pursuant to section 11350, subdivision (c) which provides: “Except as otherwise provided in this division, whenever a person who[ ] possesses any of the controlled substances specified in subdivision (a) or (b), the judge may, in addition to any punishment provided for pursuant to subdivision (a) or (b), assess against that person a fine not to exceed seventy dollars ($70) with proceeds of this fine to be used in accordance with Section 1463.23 of the…