Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County Super. Ct. No. BA247261, Carol H. Rehm, Jr., Judge.
William L. Heyman, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Theresa A. Patterson and Ana R. Duarte, Deputy Attorneys General, for Plaintiff and Respondent.
KRIEGLER, J.
Defendant and appellant Helen Ruth Brown entered a plea of no contest to sale or transportation of a controlled substance in violation of Health and Safety Code section 11352, subdivision (a). On May 19, 2003, defendant was placed on formal probation for three years, with conditions including 180 days in county jail.
Over the course of the next three years, defendant repeatedly violated probation. Probation was reinstated on numerous occasions, but defendant was unable to successfully complete her probationary obligations. On January 19, 2007, defendant was again found in violation of probation after a formal violation hearing. On January 29, 2007, the trial court sentenced defendant to the upper term of five years in state prison. The court also imposed a $20 security assessment (Pen. Code, § 1465.8, subd. (a)), separate $200 restitution, probation and parole revocation fines (§§ 1202.4, subd. (b), 1202.44, 1202.45), a laboratory fee of $50 (Health & Saf. Code, § 11372.5), and penalty assessments of $50 (§ 1464) and $35 (Gov. Code, § 76000).
All statutory references are to the Penal Code unless otherwise specified.
Defendant filed a timely appeal from the judgment. This court directed the parties to address in their briefs the effect of this court’s decision in People v. Chavez (Apr. 19, 2007, B190270), review granted August 15, 2007 (S153920), review dismissed and remanded October 24, 2007, on the section 1465.7, subdivision (a) state surcharge and the Government Code section 70372, subdivision (a) state court construction penalty on any fines imposed in this case.
Defendant filed an opening brief, raising no issues challenging the merits of the judgment, but addressing the effect of Chavez, as directed by this court. Defendant argued no additional surcharge or penalty should be imposed. The Attorney General filed a brief requesting the judgment be modified to add a $10 state surcharge to the laboratory fee pursuant to section 1465.7, subdivision (a) and also to add a $15 state court construction penalty pursuant to Government Code section 70372, subdivision (a).
Consistent with our opinion in People v. McCoy (2007) 156 Cal.App.4th 1246, 1251-1254, we order the judgment modified as to the laboratory fee to add a $10 state surcharge pursuant to section 1465.7 and a $15 state construction penalty pursuant to Government Code section 70372, subdivision (a).
DISPOSITION
The trial court is ordered to modify the judgment as to the laboratory fee imposed under Health and Safety Code section 11372.5 to reflect a $10 state surcharge pursuant to section 1465.7, subdivision (a) and a $15 state court construction penalty pursuant to Government Code section 70372, subdivision (a). The trial court shall send a copy of the amended abstract of judgment to the Department of Corrections and Rehabilitation. In all other respects, the judgment is affirmed.
We concur: TURNER, P. J., MOSK, J.