P. v. Bui
Filed 6/12/06 P. v. Bui CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. MINH QUANG BUI, Defendant and Appellant. | H028395 (Santa Clara County Super. Ct. No. CC462004) |
Defendant Minh Quang Bui was convicted after jury trial of both possession and transportation of a controlled substance (Health & Saf. Code, §§ 11350, subd. (a), 11352, subd. (a)).[1] Defendant pleaded guilty to misdemeanor driving on a suspended license (Veh. Code, § 14601.2, subd. (a)), and admitted having a prior conviction for transportation of a controlled substance (§§ 11370.2, 11370, subds. (a) & (c)). The trial court sentenced defendant to four years in state prison and ordered defendant to pay various fines and fees, including $500 in attorney's fees and both a $100 and a $300 criminal laboratory analysis fee.
On appeal, defendant contends that the order for attorney's fees must be stricken because the court made no finding of his ability to pay the fees and there is insufficient evidence to support an implied finding of his ability to pay. Defendant also requests that the court strike the $300 criminal laboratory analysis fee as unauthorized, and that any fine imposed on the possession count be stayed as the sentence for that count was stayed pursuant to section 654. We will order the abstract of judgment modified to strike the order to pay $500 in attorney fees and a $300 criminal laboratory analysis fee, and to reduce the $100 criminal laboratory fee to $50, and affirm the judgment as so modified.
BACKGROUND
Defendant was charged by first amended information with possession of a controlled substance, cocaine base (§ 11350, subd. (a); count 1); transportation of a controlled substance, cocaine base (§11352, subd. (a); count 2); and misdemeanor driving on a suspended license (Veh. Code, § 14601.2, subd. (a); count 3). The information further alleged that defendant had a prior conviction for transportation of a controlled substance (§§ 11370.2, subd. (2), 11370, subds. (a) & (c)). Defendant pleaded guilty to count 3 prior to trial.
The evidence at trial was as follows. On July 31, 2004, Sergeant Ruben Chavez and Officer Randy Schriefer of the San Jose Police Department participated in a sobriety checkpoint on northbound McLauglin Avenue, north of Story Road. Around 10:00 p.m., after over 500 vehicles had passed through the checkpoint, an approaching maroon BMW driven by defendant stopped and parked in a way that would block traffic. When defendant exited the BMW, Sergeant Chavez yelled out, â€
