P. v. Boyd CA2/7
Michael Neal Boyd pled no contest to possession for sale of a controlled substance. At his sentencing, the court imposed a criminal laboratory analysis fee (Health & Saf. Code, § 11372.5) and a drug program fee (§ 11372.7). The court also imposed penalty assessments and surcharges on these fees. Boyd challenges the penalty assessments and surcharges and takes issue with the court’s failure to award him two days of good conduct credits.
Boyd contends the amounts payable under sections 11372.5 and 11372.7 are administrative fees rather than criminal fines. Because penalty assessments and surcharges can only be imposed on criminal fines, penalties, or forfeitures, Boyd argues he should not have to pay the penalty assessments and surcharges. Boyd also contends that because he served two days in custody with good behavior he is entitled to two days of conduct credits.
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