P. v. Jackson
Defendant Ronald Gilbert Jackson entered a plea of no contest to possession of methamphetamine (Health & Saf. Code,
11377, subd. (a); further undesignated statutory references are to the Health & Safety Code) in exchange for dismissal of a remaining count and dismissal of case No. CRF03712. The court suspended imposition of sentence, placed defendant on three years of formal probation pursuant to Proposition 36, the Substance Abuse and Crime Prevention Act of 2000 (the Act) (Pen. Code, 1210 et seq.)), and ordered that he pay fees and fines, including a rehabilitation program fee of $510 pursuant to section 11372.7, and a lab analysis fee of $170 pursuant to section 11372.5.
Defendant contends on appeal that (1) the abstract of judgment should be amended to separate the base amount of fines from the penalty assessments, and (2) the courts imposition of the upper term violated his Sixth and Fourteenth Amendment rights based on the holding in Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856; 166 L.Ed.2d 856] (Cunningham). Court agree with defendants first contention and direct the trial court to correct this error. Court otherwise affirm the judgment.
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