P. v. Watson
A jury found defendant Timojene Watson guilty of possessing cocaine base and marijuana for sale (Health & Saf. Code, 11351.5, 11359). In a bifurcated proceeding, the trial court found true allegations defendant had two prior convictions for selling cocaine base ( 11370.2, subd. (a)) and sentenced her to 11 years in state prison, consisting of the upper term of five years for possessing cocaine base for sale, a concurrent two years for possessing marijuana for sale, plus a consecutive three years for each of the two prior convictions. The court also imposed a $2,400 restitution fine (Pen. Code, 1202.4, subd. (b)) and a $2,400 parole revocation fine (Pen. Code, 1202.45) that is suspended unless parole is revoked, and ordered defendant to pay the mandatory laboratory fees, the drug program fees, the court security fee, the main jail booking fee, and the main jail classification fee. Defendant appeals, contending the trial court (1) prejudicially erred in instructing the jury that the prior crimes evidence could be used to establish her motive for committing the charged offenses; (2) abused its discretion in admitting evidence that [she] may have committed welfare fraud; and (3) erred in failing to itemize and record the fines and fees in the abstract of judgment. She also claims that imposition of the upper term violates her Sixth Amendment right to a jury trial, and the abstract of judgment must be corrected to reflect that she received a concurrent middle term of two years (not eight years) for possessing marijuana for sale. Court reverse the trial courts imposition of the mandatory laboratory fees, the drug program fees, the court security fee, the main jail booking fee, and the main jail classification fee; remand the matter to the trial court with directions to separately state all fines, fees, and penalties imposed, with the appropriate statutory basis for each; and affirm the judgment in all other respects. We shall further direct the trial court to amend the abstract of judgment to separately state all fines, fees, and penalties imposed, with the appropriate statutory basis for each, and to reflect that defendant was sentenced to a concurrent middle term of two years for possession of marijuana for sale.
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