Skip to content
Name: People v. McCoy
Case #: B198031
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 11/14/2007

Health and Safety Code section 11372.5, subdivision (a) (laboratory fee) is subject to the state court construction penalty pursuant to Government Code section 70372, subdivision (a) and the state surcharge pursuant to Penal Code section 1465.7, subdivision (a). Of interest in this opinion is the court’s observance that Senate Bill 425, signed by the governor on October 5, 2007, clarified that specified penalty assessments were not to be imposed on restitution fines, thereby abrogating the holding in People v. Chavez (2007) 150 Cal.App.4th 1288.