P. v. Rickard
Charles Frank Rickard entered a negotiated guilty plea to one count of possession for sale of heroin (Health & Saf. Code, § 11351),[1] one count of possession for sale of ecstasy (§ 11378), and one count of maintaining a place for selling or using controlled substances (§ 11366). A stipulated term of the plea agreement was that Rickard would be sentenced to a prison term of two years on each count, to be served concurrently. The trial court imposed the agreed term of imprisonment, but also imposed a $10,000 fine, pursuant to section 11352.5, and ordered Rickard to pay $500 in attorney fees, pursuant to Government Code section 27712 and Penal Code section 987.8. Rickard appeals, challenging the sentence insofar as it imposed the section 11352.5 fine and ordered the reimbursement of attorney fees. We conclude that the attorney fees order must be reversed and that the section 11352.5 fine must be stricken.
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