Sierra

Statement of the Case

On April 27,1994, an information was filed in the Tulare County Superior Court charging appellant, Robert Sierra, with three counts. In count I appellant was charged with transportation of methamphetamine in violation of Health and Safety Code section 11379, subdivision (a). Appellant was charged in count II with transportation of marijuana in violation of Health and Safety Code section 11360, subdivision (a). In count III appellant was charged with driving under the influence and refusing a chemical test in violation of Vehicle Code sections 23152, subdivision (a), 23157 and 23159.

On May 27, 1994, appellant filed a motion to suppress evidence pursuant to Penal Code section 1538.5. The motion was argued on June 8, 1994, and denied.

A jury trial began on June 20, 1994. On June 22, 1994, appellant was found guilty of count I and acquitted on counts II and m.

On August 3, 1994, appellant was placed on three years’ probation and ordered to serve one hundred eighty days in Tulare County jail. He was given one day of presentence credit. The court, having determined that appellant had the “ability to pay these amounts,” further ordered appellant to pay…