Opinion
NOT TO BE PUBLISHED
Sup. Ct. No. 056675
MORRISON, J.
Defendant was convicted of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) on his plea of no contest. He was granted probation pursuant to Proposition 36. After he twice violated probation, reinstatement was denied and he was sentenced to the upper term of three years in prison. On appeal, his sole contention is a challenge to the $120 penalty assessment on the criminal laboratory fee. We find the penalty assessment proper and affirm.
Defendant was arrested after officers found a bag containing .4 grams of methamphetamine in the area where defendant was camping. Defendant had removed the methamphetamine from his person and placed it on the ground.
Defendant was charged with possession of methamphetamine in violation of Health and Safety Code section 11377, subdivision (a). He entered a plea of no contest and was granted probation pursuant to Proposition 36.
Defendant violated probation by failing to appear for treatment. He was reinstated on Proposition 36 probation.
Defendant again violated probation by leaving a treatment program and failing to contact his probation officer. This time, the court denied reinstatement to probation and imposed the upper term of three years in prison.
Various fines and fees were imposed. As relevant here, the court imposed a $50 criminal laboratory analysis fee and a $120 penalty assessment on that fee.
Defendant contends the penalty assessment is excessive and unauthorized. He contends the penalty assessment should be only $85. We find no error.
Under Health and Safety Code section 11372.5, subdivision (a), defendant was subject to a $50 criminal laboratory analysis fee due to his conviction for possession of methamphetamine. This fee was subject to a number of penalty assessments and surcharges, as we detail below. The fee and the assessments are mandatory. (People v. Taylor (2004) 118 Cal.App.4th 454, 456.)
First, as defendant recognizes, there are state and county penalty fees. There is “a state penalty, in the amount equal to ten dollars ($10) for every ten dollars ($10) or fraction thereof,” upon the laboratory fee. (Pen. Code, § 1464, subd. (a).) The county penalty is seven dollars ($7) for every ten dollars ($10). (Gov. Code, § 76000, subd. (a).) These penalties are $50 and $35, respectively.
In addition, there are two relatively new penalty assessments. (See People v. Taylor, supra, 118 Cal.App.4th at pp. 456-460.) There is a 20 percent state surcharge under Penal Code section 1465.7, subdivision (a). Defendant must also pay into the State Court Facilities Construction Fund (Gov. Code, § 70371). This penalty is five dollars ($5) for every ten dollars ($10). (Gov. Code, § 70372, subd. (a).) These penalties are $10 and $25, respectively. The total penalty assessment is $120.
The judgment is affirmed.
We concur: SCOTLAND, P.J., HULL, J.