People v. Persell CA3

DISCUSSION

I Defendant contends that the abstract of judgment erroneously shows that the $615 drug program fee under Health and Safety Code section 11372.7, which the trial court waived, was actually imposed. The Attorney General disagrees. The Attorney General is correct. Defendant cites to an “attachment” page of the abstract of judgment, which details the drug laboratory fee and the drug program fee (including all appurtenant assessments) in the amounts indicated by the probation report: $205 for the laboratory fee (Health & Saf. Code, § 11372.5) and $615 for the drug program fee (Health & Saf. Code, § 11372.7). However, as the Attorney General points out, the second page of the abstract contains the following notation: “See Drug/lab fee breakdown attached (only $200 lab fees ordered--remaining fees waived).” This notation is consistent with the trial court’s oral orders and the sentencing minute order. Thus, the abstract correctly reflects the court’s order. We note that the laboratory fee of $200 ordered by the trial court and reflected in the abstract does not match the laboratory fee of $205 calculated on the “attachment” page. We will assume the court intended to order a…