Webb

*489 Defendant David Donald Webb appeals from a judgment convicting him of, among other things, driving a vehicle without consent, possession for sale of methamphetamine, and identity theft. He contends his trial attorney provided ineffective assistance by failing to move to dismiss the identity theft charge under the so-called Williamson 1 rule. Defendant also contends that the court erred in imposing penalty assessments on fees imposed under the Health and Safety Code and in requiring him to pay $500 in attorney fees. We reject defendant's claim of ineffective assistance of counsel but conclude that the matter must be remanded to recalculate the fees excluding the penalty assessments and to determine defendant's financial ability to pay attorney fees.

Factual and Procedural History

Defendant was charged by amended information with driving or taking a vehicle without consent after a prior conviction ( Veh. Code, § 10851 ; Pen. Code, 2 § 666.5 [count 1] ), identity theft (§ 530.5, subd. (a) [count 2] ), *490 possession for sale of methamphetamine ( Health & Saf. Code, § 11378 [count 3] ), transportation of methamphetamine ( Health & Saf. Code, § 11379, subd. (a) [count 4] ), and…