P. v. Lira
On July 8, 2012, an officer searched defendant Anthony Joseph Lira and found a pipe containing a usable amount of methamphetamine.[1] When advised that bringing drugs into a jail would result in another felony charge, defendant gave up two baggies each containing 0.2 grams of methamphetamine.
Defendant pleaded no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and admitted a prior serious or violent felony conviction (Pen. Code,[2] §§ 667, subds. (b)-(i), 1170.12) for the sole purpose of ineligibility for local custody (§ 1170, subd. (h)). In exchange, a strike allegation and a prior prison term allegation were dismissed.
Defendant was sentenced to prison for a stipulated upper term of three years, awarded two days’ custody credit and two days’ conduct credit, and ordered to pay a $280 restitution fine (§ 1202.4), a $280 restitution fine suspended unless parole is revoked (§ 1202.45), a $195 laboratory analysis fee (Health & Saf. Code, § 11372.5, subd. (a)) including penalty assessments, a $585 drug program fee (Health & Saf. Code, § 11372.7) including penalty assessments, a $40 court operations fee (§ 1465.8, subd. (a)(1)), and a $30 court facilities assessment (Gov. Code, § 70373).
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