P. v. Garcia CA5
Defendant Eddie Ramirez Garcia was convicted by no contest plea of possession of methamphetamine for sale and possession of heroin for sale. On appeal, he contends the electronic device search condition of his mandatory supervision is unconstitutionally overbroad. The People argue that the record does not support the conclusion that the condition was imposed. We agree with the People.
In supplemental briefing, defendant contends his two prior drug conviction enhancements must be stricken due to recent legislation. The People concede and we agree.also contends by way of supplemental briefing that the penalty assessments attached to the drug program fee (program fee) must be stricken. The People counter that not only must the penalty assessments attached to the program fee remain imposed, the penalty assessments attached to the criminal lab analysis fee (lab fee), recently struck by the trial court, must be reinstated. We agree with the People.
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