P. v. Sedgwick CA3
Defendant’s initial contention on appeal is that the trial court improperly imposed a penalty assessment of $450 on the drug program fee imposed pursuant to Health and Safety Code section 11372.7. He argues the language of section 11372.7 demonstrates it is a fee, not a fine. And, as a fee, it is not subject to penalty assessments.
For each conviction of enumerated drug offenses, section 11372.5 imposes on defendants a criminal laboratory analysis fee not to exceed $50, and section 11372.7 imposes a drug program fee not to exceed $150. In our decision in People v. Moore (2017) 12 Cal.App.5th 558, review granted September 13, 2017, S243387 (Moore), we concluded the criminal laboratory analysis fee is a fine or penalty, subject to additional penalty assessments under Penal Code section 1464 and Government Code section 76000. (Moore, at p. 571.)
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