California v. Moore

This appeal presented the issue of whether the fees imposed on criminal defendants convicted of certain drug offenses were subject to additional penalty assessments under Penal Code section 1464 and Government Code section 76000. Health and Safety Code section 11372.5 imposed a criminal laboratory analysis fee not to exceed $50, and section 11372.7 imposed a drug program fee not to exceed $150. The trial court added penalty assessments to the criminal laboratory analysis fee imposed on defendant Zack Uriah Moore, III, after his conviction of section 11550, subdivision (a), for being under the influence of a controlled substance. The Court of Appeal concluded the levy imposed under section 11372.5 constituted a fine or penalty subject to penalty assessments imposed by Penal Code section 1464 and Government Code section 76000. Despite the similarity of language used in sections 11372.5 and 11372.7, the Court did not reach the issue of the applicability of penalty assessments to 11372.7’s drug program fee. The trial court did not impose the drug program fee, and the appellate division erroneously construed a silent record as indicating a failure by the trial court to exercise its discretion in considering whether to impose the drug program fee. View "California v. Moore" on Justia Law