P.

BACKGROUND

In trial court case No. 10F4225, defendant pleaded no contest to possession of a controlled substance, methamphetamine (Health & Saf. Code, § 11377). Moreover, in trial court case No. 11F352, defendant pleaded no contest to receiving stolen property and admitted serving a prior prison term. The trial court sentenced defendant to an aggregate state prison term of four years eight months, but suspended execution of sentence and placed defendant on formal probation for five years under various terms and conditions, including imposition of various fines and fees. Among the fines imposed were two DNA penalty assessments pursuant to Government Code section 76104.7: a $60 assessment imposed upon a $200 base fine, and a $15 assessment imposed upon a $50 lab analysis fee. Defendant subsequently admitted violating the terms of his probation. The trial court revoked probation, executed the previously imposed sentence, but ordered defendant to serve four years eight months in county jail and awarded presentence credit totaling 135 days (91 actual days and 44 conduct days).

DISCUSSION

I Defendant contends the $60 and $15 DNA penalty assessments imposed pursuant to Government…