P. v. Novak CA5
On February 27, 2015, a jury convicted appellant Charlette Corine Novak of transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)/count 1), possession for sale of methamphetamine (§ 11378/count 2) and evading a peace officer (Veh. Code, § 2800.2, subd. (a)/count 3). In a separate proceeding, the court found true three prior conviction enhancements (§ 11370.2).
On November 15, 2016, Novak filed an opening appellate brief contending: (1) the penalty assessments on the lab fees the court imposed were unauthorized; (2) Novak’s abstract of judgment does not memorialize a stayed term the court imposed; (3) Novak’s abstract of judgment contains a drug program fee that was not imposed; (4) the AIDS education program fee the court imposed was unauthorized; and (5) the court abused its discretion when it refused to order the preparation of a current probation report.
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