People v. Martinez
C.A. 4th; G052640 The Fourth Appellate District reversed in part a judgment and remanded. The court held that a crime lab fee and a drug program fee…
September 25, 2017 at 06:29 PM
3 minute read
C.A. 4th;
G052640
The Fourth Appellate District reversed in part a judgment and remanded. The court held that a crime lab fee and a drug program fee were not “fines” subject to penalty assessments.
Julio Martinez was convicted of both possessing and transporting a controlled substance. Marinez was sentenced to probation and ordered to pay two mandatory fees—a $50 crime-lab fee, under Penal Code §11372.5, and a $150 drug program fee, under §11372.7. The trial court concluded both fees were actually “fines” subject to additional assessments, penalties, and a surcharge. Martinez appealed, challenging the trial court's imposition of the penalty assessments.
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