P. v. Bryan
Defendants Fryda Bryan and Michael Dale Trout were convicted of various offenses arising from the operation of a meth lab. On appeal, they both challenge the denial of their motions to suppress evidence recovered from the house where the lab was located, as well as challenging various aspects of the fines, fees, and penalties imposed on them. Trout also contends the trial court erred in failing to instruct the jury sua sponte on the lesser included offense of attempted manufacture of methamphetamine and in failing to stay his punishment for possession of methamphetamine pursuant to Penal Code section 654.
We find no merit in defendants’ challenges to the search of the house where the meth lab was located and no merit in Trout’s claim of instructional error. We agree, however, that Trout’s sentence for possessing methamphetamine should have been stayed pursuant to Penal Code section 654, and we also conclude that both cases must be remanded for proper calculation and documentation of all fines, fees, and assessments imposed. Accordingly, we will affirm the convictions, but modify Trout’s judgment to stay his sentence for possessing methamphetamine and remand both cases for further proceedings on the fines, fees, and penalties.
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