P. v. Holloway
Dwayne Holloway pled guilty to a violation of Health and Safety Code section 11350, subdivision (a) for possession of cocaine base, a controlled substance. Pursuant to the plea, the court sentenced Holloway to 365 days in local custody, followed by one year in a residential drug treatment facility and three years of formal probation, and imposed various fines, fees and assessments (collectively, fines) that it stayed pending successful completion of probation.
Holloway on appeal contends the matter should be remanded for resentencing because the court erred at the sentencing hearing when it allegedly failed to itemize all the fines orally imposed on him and to inquire whether he had the ability to pay the AIDS education fine and the drug program fee, and because the court's order granting formal probation incorrectly stated the total amount of fines it imposed.
As we explain, we reject Holloway's request for resentencing because we conclude the court did not err when it relied on the probation report's itemization of recommended fines in imposing the same on him and when it tacitly found Holloway had the ability to pay the AIDS education fine and the drug program fee. However, we agree with Holloway that the order granting formal probation should be modified to state correctly the total amount of fines orally imposed by the court.
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