People v. Roper CA2/5

INTRODUCTION

Pursuant to a plea agreement, defendant and appellant Shaun Roper pleaded no contest to possession of a firearm by a felon (former Pen. Code, § 12021, subd. (a)(1)1, now § 29800, subd. (a)(1)); possession for sale of a controlled substance (methamphetamine) (Health & Saf. Code, § 11378); and acquisition and retention of the personal identification of another with the intent to defraud, with a prior section 530.5 conviction (§ 530.5, subd. (c)(2)). The trial court granted the prosecution’s motion to dismiss 26 other counts against defendant and allegations under section 667.5, subdivision (b). The trial court sentenced defendant to two years, eight months in prison with 889 days of presentence custody and conduct credit, and imposed a $10 section 1202.5 local crime prevention programs fine and accompanying penalty assessment; a $280 section 1202.4, subdivision (b)(1) restitution fine; a $280 section 1202.45 parole revocation restitution fine; a $120 section 1465.8, subdivision (a)(1) court operations assessment; and a $90 Government Code section 70373, subdivision (a)(1) court facilities assessment. On appeal, defendant contends that the trial court erred in imposing…