P. v. Alldredge
Filed 1/26/09 P. v. Alldredge CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(El Dorado)
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THE PEOPLE, Plaintiff and Respondent, v. ROBERT LYNN ALLDREDGE, Defendant and Appellant. | C058224 (Super. Ct. No. S06CRF0133) |
After his girlfriend complained that he came home drunk and punched her, defendant Robert Lynn Alldredge entered a negotiated plea of no contest to one count of inflicting injury on a spouse or cohabitant (Pen. Code, 273.5, subd. (a)). The trial court suspended imposition of sentence, placed defendant on probation, and imposed various fines and fees. At issue on appeal is the courts imposition as a condition of probation a $50 chemical urinalysis fee pursuant to Penal Code section 1203.1ab.
Defendant contends and the People concede, that the a chemical urinalysis fees is not authorized because he was not convicted of a qualifying offense.
They are correct. Penal Code section 1203.1ab states in pertinent part: Upon conviction of any offense involving the unlawful possession, use, sale, or other furnishing of any controlled substance, . . . the court . . . shall require as a condition of probation that the defendant shall not use or be under the influence of any controlled substance and shall submit to drug and substance abuse testing as directed by the probation officer. If the defendant is required to submit to testing and has the financial ability to pay all or part of the costs associated with that testing, the court shall order the defendant to pay a reasonable fee, which shall not exceed the actual cost of the testing.
Because defendant was not convicted of an offense involving the unlawful possession, use, sale, or other furnishing of any controlled substance, the $50 fee pursuant to Penal Code section 1203.1ab was unauthorized.
DISPOSITION
The $50 chemical urinalysis fee shall be stricken. As modified, the order of probation is affirmed. The court is directed to amend its records to reflect the modification and to forward the appropriate documents to appellant and the probation department.
MORRISON , J.
We concur:
NICHOLSON , Acting P. J.
ROBIE , J.
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