P. v. Craft
In exchange for a max[imum] exposure [of] 9 years and a promise by the People to dismiss the other charges and not allege a prison prior, defendant Richard Douglas Craft pled no contest to possessing ephedrine or pseudoephedrine for the purpose of manufacturing methamphetamine and admitted a prior felony conviction enhancement for manufacturing methamphetamine. The court sentenced him to the upper term of six years for the current drug conviction and a consecutive three years for the enhancement. The court also ordered him to pay a $175 laboratory analysis fine [p]ursuant to Health and Safety Code [section] 11372.5. Defendant did not seek, nor was he granted, a certificate of probable cause.
On appeal, defendant contends the court: (1) erred in imposing the upper term sentence in light of Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403]and Cunningham v. California (2007) 549 U.S. ___ [166 L.Ed.2d 856]; and (2) erred in failing to set forth all the fines and fees in the abstract of judgment and in calculating and recording the penalty assessments and surcharges associated with the criminal laboratory analysis fee. Court disagree with his first contention but agree with his second.
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