P. v. Underwood CA3
violated the terms of his probation. The trial court revoked probation and sentenced defendant to a previously imposed but suspended 10 years in state prison. The trial court ordered defendant to pay a criminal laboratory analysis fee (Health & Saf. Code, § 11372.5) plus a penalty assessment, and a drug program fee (§ 11372.7) plus a penalty assessment, even though those fees and assessments had not been previously imposed.
In his appellant’s opening brief, defendant argued (1) the drug program fee was unauthorized because it was not previously imposed, (2) the criminal laboratory analysis fee and drug program fee were not subject to penalty assessments, and (3) the penalty assessments had to be reversed because the trial court did not articulate the basis for the fees and calculated the assessments incorrectly.
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