In re Rodney P.
Defendant, minor, was charged with sale of marijuana (Count 1), and possession of marijuana for sale (Count 2). The court found the allegations true and declared minor a ward of the court. At the disposition hearing, the court committed minor to the Juvenile Ranch Facility Drug Dormitory for no more than 120 days followed by probation and home supervision. The court also imposed a fine of $60.00 under section 730.5 and restitution in the amount of $50.00 under section 730.6.
On appeal, Rodney contends: (1) the court's bias denied him his due process right to a fundamentally fair trial; (2) count 2 must be stricken because possession for sale is a lesser included offense of sale of marijuana; and (3) the section 730.5 fine is improper because the court made no finding of Rodney's ability to pay the fine. Court reversed the judgment.
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