P. v. Lopez
Appellant, Juan Louis Lopez II, entered into a plea agreement on March 12, 2004, wherein he pled guilty in case No. MCR14422 to domestic violence (Pen. Code, 273.5, subd. (a)) and guilty in case No. MCR017922 to possession of methamphetamine (Health & Saf. Code, 11377, subd. (a)).[1] Under the plea agreement, additional allegations in both cases were dismissed and Lopez was to be placed on felony probation. On April 9, 2004, the trial court placed Lopez on felony probation upon various terms and conditions, including that he serve concurrent terms of 180 days in both cases with custody credits in each case. In case No. MCR017922, the court placed Lopez on Proposition 36 probation. On January 18, 2007, the probation department filed a new petition to revoke Lopezs probation. On June 18, 2007, after a contested probation revocation hearing, the court found that Lopez violated the terms of his probation and revoked it. On July 16, 2007, the court lifted the stay on Lopezs sentence and ordered his commitment to prison for four years eight months. On appeal, Lopez contends the trial court erred in imposing a $10 deoxyribonucleic acid (DNA) database penalty assessment pursuant to Government Code sections 76104.6 and 76104.7 as violating the ex post facto clause of the United States Constitution. Court agree. Having found two other clerical errors, Court remand for correction of the clerks minutes and abstract of judgment.
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