P. v. Her
A jury convicted defendant Seng Her of possession of methamphetamine. (Health & Saf. Code, § 11377, subd. (a); count three.) The jury deadlocked and a mistrial was declared on counts of inflicting corporal injury on the parent of his child (Pen. Code,[1] § 273.5, subd. (a); count one) and battery resulting in serious bodily injury (§ 243, subd. (d); count two). The trial court found that the conviction constituted a probation violation in case No. 08F04890, and that defendant had suffered a prior serious felony conviction. The prosecution dismissed the mistried counts in the interest of justice. Defendant was sentenced to state prison for seven years, consisting of the upper term of three years, doubled for the prior strike, plus one year in case No. 08F04890. He was awarded 172 days’ custody credit and 172 days’ conduct credit in this case and an aggregate 124 days’ presentence credit in case No. 08F04890.[2]
Defendant was ordered to pay a $200 restitution fine (§ 1202.4), a $200 restitution fine suspended unless parole is revoked (§ 1202.45), a $50 laboratory analysis fee (Health & Saf. Code, § 11372.5, subd. (a)) plus $130 in penalty assessments, a $150 drug program fee (Health & Saf. Code, § 11372.7) plus $130 in penalty assessments, a $40 court security fee (§ 1465.8, subd. (a)(1)), a $30 court facilities assessment (Gov. Code, § 70373), a $287.78 main jail booking fee (Gov. Code, § 29550.2), and a $59.23 classification fee (ibid).
On appeal, defendant contends imposition of the booking and classification fees was reversible error because he was “financially unable to pay . . . .†We affirm.
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