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Name: People v. Taylor
Case #: C045469
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/10/2004

Appellant was convicted of multiple drug and weapons offenses, and appealed the denial of his suppression motion. Appellate counsel filed a Wende brief, and the court modified the judgment to impose a $50 drug laboratory analysis fee pursuant to Health and Safety Code section 11372.5, plus applicable penalty assessments. This fee and the penalty assessments are mandatory. Further, since the offense was committed on May 23, 2003, two other surcharges are applicable to the drug lab analysis fee under Penal Code section 1465.7 (a 20-percent state surcharge) and Government Code section 70371 (a court facilities surcharge). Since the state surcharge is mandatory, the court imposed it without remand. Since Government Code section 70371 can be reduced based on a factual determination, remand was required to determine the amount of the court facilities surcharge.