P. v. Lopez CA5
Defendant Jose Carlos Lopez contended on appeal that the trial court erred in imposing penalty assessments attached to a criminal laboratory analysis fee (lab fee) and a drug program fee (program fee). In response to defendant’s letter, the trial court struck the lab fee penalty assessment, and defendant asked that we, likewise, strike the program fee penalty assessment. Disagreeing with defendant’s view of the law, we reinstated the lab fee penalty assessment and affirmed the judgment as modified.
After we filed our opinion, the Supreme Court granted review and held the case pending resolution of People v. Ruiz (2018) 4 Cal.5th 1100 (Ruiz). After deciding Ruiz, the court remanded this case to us with directions to vacate our decision and reconsider the matter in light of Ruiz. We have reconsidered our opinion and find it to be consistent with the holding and analysis in Ruiz. We will again reinstate the lab fee penalty assessment and affirm the judgment as modified.
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