P. v. Lopez CA5
Defendant Albert Lopez contended on appeal that (1) the trial court erred in imposing penalty assessments attached to a criminal laboratory analysis fee (lab fee) and a drug program fee (program fee), and (2) the order prohibiting him from owning or possessing a concealable weapon is unauthorized. We struck the concealable weapon prohibition, ordered the abstract of judgment amended in two regards, and affirmed 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 strike the concealable weapon prohibition, order the abstract of judgment amended in two regards, and affirm as modified.
Comments on P. v. Lopez CA5