Phillips

In June of 2008, Jason Troy Phillips (appellant) pled guilty to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) under a deferred entry of judgment, pursuant to Penal Code sections 1000 and 859a. In May of 2009, the court found appellant failed to comply with the deferred entry of judgment program and excluded him pursuant to Penal Code section 1000.3. It found appellant guilty based on his previously entered plea under Penal Code section 859a. The court sentenced appellant to a two-year term and imposed various fees and fines, including a $30 assessment under Government Code section 70373 (section 70373).

Appellant contends only that the assessment imposed pursuant to section 70373 must, be stricken. Though members of this panel have previously agreed with this position, upon consideration of the opinion of the Third Appellate District in People v. Castillo (2010) 182 Cal.App.4th 1410 [ 106 Cal.Rptr.3d 688 ], we have concluded that it has the better view.

Section 70373

At sentencing, appellant was ordered to pay a $30 assessment pursuant to section 70373, subdivision (a)(1) (the assessment). Appellant argues the assessment is unauthorized and…