Jefferson

I. INTRODUCTION

Defendant, Jessica Lee Jefferson, appeals from a judgment of conviction of two counts of misdemeanor methamphetamine possession and one count of *662 attempted second degree robbery. (Health & Saf. Code, § 11377, subd. (a); Pen. Code, 1 §§ 211, 664.) We affirm the judgment of conviction but reverse the 14-year sentence in its entirety. Upon remittitur issuance, the trial court is to resentence defendant.

In the published portion of this case, we discuss two sentencing issues. To begin with, we analyze why the Health and Safety Code section 11372.7, subdivision (a) drug program fee may not be suspended. We conclude that because defendant did not have the ability to pay the fine, it may not be imposed at all. In addition, we discuss why no Penal Code section 1202.5, subdivision (a) crime prevention fine may be imposed. We conclude that attempted robbery is not an enumerated offense in section 1202.5, subdivision (a). Thus, when defendant is resentenced, no drug program nor crime prevention fees may be imposed.

II. DISCUSSION

A. Defendant’s Fight with the Security Guards and Extensive Prior Record*

B. Defendant Must Be Resentenced

1.-5. *

6. The Drug…