P.

DISCUSSION

Payne contends the trial court erred in imposing the $20 DNA penalty pursuant to Government Code section 76104.7. The People concede error, and we rule that the DNA penalty must be stricken. The statutes prescribe two DNA penalties. Government Code section 76104.6 provides that a trial court shall levy a DNA penalty, calculated in relation to every fine, penalty or forfeiture imposed for all criminal offenses, except as otherwise provided by law. Under Government Code section 76104.7, a trial court shall impose a

1 The probation officer’s report indicates: Los Angeles County Sheriff’s Department officers responded to a local hospital where they spoke with the victim of a reported assault. According to the victim, he and Payne lived at a group home for people with drug and alcohol abuse problems. Payne became angry when the lights were on in the room. When the victim told Payne to turn off the lights himself if he wanted them off, Payne responded, “Let’s take it outside.” As soon as they got to the front yard, Payne began punching the victim, then grabbed a milk crate and began hitting the victim in the face with the milk crate. Paramedics responded to the scene, and…