P. v. Hutchinson
Defendant Darryl Myron Hutchinson pleaded no contest to reckless driving while fleeing and attempting to elude a peace officer (Veh. Code, 2800.2, subd. (a)), possession of methamphetamine (Health & Saf. Code, 11377, subd. (a)), and second degree robbery (Pen. Code, 211).[1] He also admitted the allegation that he had personally used a handgun within the meaning of section 12022.5, subdivision (a). He received consecutive prison sentences totaling eight years and four months. On appeal, defendant asserts that the penalty assessments imposed relative to an AIDS education fine (Health & Saf. Code, 11377, subd. (c)) and a drug program fee (Health & Saf. Code, 11372.7, subd. (a)) were excessive. We conclude that the penalty assessments challenged by defendant exceeded the amounts permitted by statute. Court further conclude that the court erred by failing to impose mandatory penalty assessments in connection with the imposition of a laboratory analysis fee (Health & Saf. Code, 11372.5, subd. (a).) Court modify the judgment to correct these errors and affirm the judgment as modified.
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