People v. Clark

Larry Arthur Clark appeals his conviction by nolo contendere plea to possession of a controlled substance. (Health & Saf. Code, § 11377, subd. (a).) He contends the trial court violated his plea bargain by imposing a $500 fine, penalty assessment, and laboratory and drug program fees of which he had not been apprised, and that it assessed an unauthorized fine. We reverse.

Facts and Procedural History

Since the appeal raises only a sentencing issue, a detailed recitation of facts is unnecessary. Pursuant to a plea bargain, appellant pled nolo contendere to unlawful possession of methamphetamine. The written change of plea form stated: “I have been promised: [fl] 1. [Prosecutor]: [d]ismiss Count 2 [][] 2. [Court]: Probation and no more than 6 [months] jail provided diversion was successfully completed.” The form did not mention that appellant would be subject to fines or monetary penalties as a consequence of his plea. Before entry of his nolo plea, appellant’s attorney also stated on the record that the court had previously promised that appellant would receive probation and no more than six months in jail. Neither the court nor the district attorney disagreed. Appellant…