P. v. Majors
After repeatedly violating the terms and conditions of his probation, appellant Adolphus Majorss probation was revoked. He was sentenced to state prison, and various fines and penalties were assessed against him in each of the actions at issue here, including a laboratory service fee under Penal Code section 1463.14, subdivision (b), and a court construction fine of $135, pursuant to Government Code section 70372. Court conclude the lab fee was assessed under an inapplicable statute, and the courts calculation of the amount of the construction fine was both (1) premised, at least in part, on restitutionary fines and security fees which may not form a basis for a penalty assessment, and (2) derived from an erroneous formula. Court also conclude the trial court failed to assess probation revocation fines, which are due and payable. Court will strike the order assessing the inapplicable lab fee, and order the trial court to correct the abstract of judgment to reflect the proper amount of the construction fines and the imposition of probation revocation fines. Court shall affirm the remainder of the judgment as modified.
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