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Name: People v. Myles
Case #: B270409
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 12/21/2016
Summary

Trial court erred by imposing criminal laboratory analysis fee under Health and Safety Code section 11372.5 based on defendant’s conviction for possession of a controlled substance while armed with a firearm (Health & Saf. Code, § 11370.1). Myles pleaded no contest to a charge of cocaine possession while armed with a firearm in violation of section 11370.1. The trial court orally imposed a $50 crime lab analysis fee. He appealed. Held: Fee reversed. Section 11372.5, subdivision (a) provides that a $50 criminal laboratory analysis fee shall be imposed for certain offenses. The only offenses for which this fee may be imposed are those enumerated in the statute. Although possession of a controlled substance while armed with a firearm is a drug offense, it is not one of the offenses enumerated in section 11372.5. Thus, the trial court erred in imposing the crime lab analysis fee for this offense.

The full opinion is available on the court’s website here: http://www.courts.ca.gov/opinions/documents/B270409.PDF