Alford

People v. Alford

Good Law
12 Cal. App. 5th 964·2017 Cal. App. LEXIS 554·219 Cal. Rptr. 3d 594·2017 WL 2590691
Court of Appeal of CaliforniaJune 15, 2017D070486California5,581 words

Opinion

Lead Opinion

Haller, J.

*967 Luis Alford pled guilty to possessing methamphetamine for sale. (Health & Saf. Code, 1 § 11378.) The court sentenced Alford to eight years in custody, plus three years four months on mandatory supervision. The court also imposed various fines and assessments. Alford's appellate challenge concerns the court's imposition of a monetary penalty (Pen. Code, § 1464 ; Gov. Code, § 76000, together "penalty statutes") based on two statutory assessments: (1) a criminal laboratory analysis fee (laboratory fee) (§ 11372.5); and (2) a drug program fee (§ 11372.7).

Alford acknowledges the court properly assessed him for the laboratory and drug program fees (§§ 11372.5, 11372.7), but contends the court erred in concluding the penalty statutes applied to require an additional *596 penalty on top of those fees. There is a split in authority in the Courts of Appeal on this precise issue. (See People v. Watts (2016) 2 Cal.App.5th 223 , 229-237, 206 Cal.Rptr.3d 202 [imposition of the additional penalty not permitted] ( Watts ); People v. Sierra (1995) 37 Cal.App.4th 1690 , 1694-1696, 44 Cal.Rptr.2d 575 ( Sierra ) [additional penalty upheld on drug program fee]; People v. Martinez (1998) 65…

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