Opinion
C085515
08-17-2018
THE PEOPLE, Plaintiff and Respondent, v. JASON PATRICK COY, Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. 17CF02015)
Defendant Jason Patrick Coy pleaded guilty to manufacturing a controlled substance and being a felon in possession of a firearm. The trial court sentenced him to five years eight months in state prison and ordered him to pay various fines and fees, including a criminal laboratory analysis fee pursuant to Health and Safety Code, section 11372.5, subdivision (a) and related penalty assessments.
Defendant's sole contention of error on appeal concerns the trial court's imposition of penalty assessments on the criminal laboratory fee; he argues that the criminal laboratory fee is not a punishment subject to penalty assessments.
DISCUSSION
As defendant acknowledged in his briefing, while the parties were preparing their submissions on appeal this precise issue was pending in our Supreme Court. After briefing was concluded, our high court held that the criminal laboratory fee is a punishment. (People v. Ruiz (2018) 4 Cal.5th 1100, 1122.) The court's decision dictates ours. (Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 455.) Because the criminal laboratory fee is a punishment, the penalty assessments were correctly imposed. (Pen. Code, § 1464; Gov. Code, § 76000.) Accordingly, we affirm the judgment.
DISPOSITION
The judgment is affirmed.
/s/_________
Duarte, Acting P. J. We concur: /s/_________
Hoch, J. /s/_________
Renner, J.