P. v. Clemons
This matter comes to us on remand from the California Supreme Court, with directions to vacate [our] decision and to reconsider the cause in light of People v. Crandell (2007) 40 Cal.4th 1301 [Crandell] . . . .
Appellant John Leroy Clemons pled guilty to charges of possession of methamphetamine with intent to sell (Health & Saf. Code, 11378) and driving with a suspended license (Veh. Code, 14601.1). The court sentenced him to serve a total of five years in state prison, and imposed fines totaling $3,900, with a $1,200 fine stayed pending completion of parole. The court later modified the restitution component of the sentence, reducing the total fines to $2,900, with a $1,000 fine stayed pending completion of parole. On appeal, appellant contends the trial court erred by: (1) denying his motion to suppress evidence; (2) imposing a sentencing enhancement for appellants prior drug conviction under the mistaken belief that it was mandatory to do so; (3) imposing a laboratory fee, drug program fee and fine for the Vehicle Code section 14601.1 conviction, and associated penalty assessments; and (4) imposing a restitution fine.
The abstract of judgment is to be amended to reflect a $10 reduction in the penalty assessment imposed in connection with the fee under Vehicle Code section 14601.1. In all other respects, the judgment is affirmed.
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