Villela

Appellant was charged with two counts of conspiracy (Pen. Code, § 182, subd. (a)(1)): conspiracy to transport heroin in violation of Health and Safety Code section 11352, subdivision (a); and conspiracy to purchase/possess a controlled substance for sale in violation of Health and Safety Code section 11351. It was alleged he was armed with a firearm in the commission of the charged offenses. An additional count charged he possessed heroin for sale in violation of Health and Safety Code section 11351.

In exchange for a plea of nolo contendere to the charge of conspiracy to transport heroin the remaining charges against appellant were dismissed, as were the enhancing allegations, and he was sentenced to the aggravated term of five years in prison, and ordered to register as a narcotics offender pursuant to the provisions of Health and Safety Code section 11590. He was also ordered to pay a restitution fine of $1,000 pursuant to the provisions of Penal Code section 1202.4.

Appellant contends that it was error to impose a restitution fine without considering his ability to pay. He also maintains there is no basis for requiring him to register as a narcotics offender based…