People v. Morales CA5

FACTS

On June 9, 2009, members of the Modesto Narcotics Enforcement Team and the Modesto Police Department used a confidential informant to purchase a small quantity of heroin from Morales with a marked $20 bill. During a postarrest search of appellant, officers found syringes, methamphetamine pipes, and a bag containing wax bindles of a black tar substance. Morales admitted to the officers he was selling heroin. On January 10, 2013, the court sentenced Morales to an aggregate 13-year term, the upper term of four years doubled to eight years because of Morales’s strike convictions, and five one-year prior prison term enhancements. With respect to a drug program fee the court stated, “You are also required to pay a drug program fee [of] up to $150, depending on your ability to pay.” The court, however, did not actually order Morales to pay a drug program fee in any amount.

All further statutory references are to the Penal Code unless otherwise specified.

2 The court then imposed various fines and fees, in pertinent part stating, “... and I will impose $500 for the attorney’s fees for the Court-appointed attorney. [¶] In imposing all of these fees, I have carefully…