Martinez

*661 Julio David Martinez III, was convicted of possessing and transporting a controlled substance. ( Health & Saf. Code, §§ 11378, *419 11379.) 1 In addition to three years of supervised probation, the trial court ordered Martinez to pay two mandatory fees-a $50 crime-lab fee (§ 11372.5) and a $150 drug program fee (§ 11372.7). The court concluded both these "fees" were actually "fines" subject to additional assessments, penalties, and a surcharge (collectively referred to as penalty assessments). ( People v. Sharret (2011) 191 Cal.App.4th 859 , 863, 120 Cal.Rptr.3d 195 ( Sharret ) [lists examples of *662 penalty assessments].) On appeal, Martinez maintains statutory fees were not penal in nature and, therefore, not subject to penalty assessments. 2

There is a split of authority in the appellate courts on this issue. (See People v. Webb (2017) 13 Cal.App.5th 486 , 496, 498-499, 220 Cal.Rptr.3d 679 ( Webb ) [penalty not permitted for § 11372.5 and § 11372.7 fees]; Watts, supra , 2 Cal.App.5th at p. 234, 206 Cal.Rptr.3d 202 [penalty not permitted for § 11372.5]; People v. Martinez (1998) 65 Cal.App.4th 1511 , 1520-1522, 77 Cal.Rptr.2d 492 ( Martinez ) [penalty required for §…