People v. Thompson CA6

I. Background

The facts of defendant’s September 20, 2012 offenses are not relevant to the issues he raises on appeal, so we need not recount them.

1 Further statutory references are to the Health and Safety Code unless otherwise noted. The trial court imposed various fines and fees at sentencing, including a “$205 lab fee” and a “$205 AIDS fine.” The court did not state the statutory basis for the fines and fees. Nor did it mention penalty assessments. Defendant raised no objections. There was no probation report. The clerk’s minutes state, “$205 Lab fees and $205 Aids fine to be paid through CDCR.” The abstract of judgment states, “Defendant to pay lab fee of $205.00 and AIDS fine of $205.00 to be paid through CDCR.”

II. Discussion

A. AIDS Fine

Defendant contends that the AIDS fine was unauthorized and that he did not forfeit the argument by failing to object below. The Attorney General concedes these points. We accept the concession. Penal Code section 1463.23 provides that “fifty dollars ($50) of each fine imposed pursuant to Section 4338 of the Business and Professions Code; subdivision (c) of Section 11350, subdivision (c) of Section 11377, or subdivision (d) of Section…