People v. Sanchez

64 Cal.App.4th 1329 (1998) THE PEOPLE, Plaintiff and Respondent,

v.

JOSE SANCHEZ, Defendant and Appellant.

Docket No. B112349. Court of Appeals of California, Second District, Division Five.

June 19, 1998. [1330] COUNSEL

Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, James William Bilderback II, and David Andrew Eldridge, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.[*]]

OPINION

TURNER, P.J. —

I. INTRODUCTION

Defendant, Jose Sanchez, appeals from his conviction for possession of a controlled substance. (Health and Saf. Code, § 11350, subd. (a).) He argues the trial court erred in: permitting Detective Dennis Turner to testify concerning an interview with defendant; refusing to instruct the jury with CALJIC No. 12.06; and failing to exercise its discretion by not striking a prior felony conviction. Defendant also argues the restitution fine imposed pursuant to Penal Code section 1202.45 must be reversed. The Attorney General argues the abstract of judgment should be modified to conform to the judgment. In the published portion of the opinion we discuss the necessity of the abstract of judgment identifying a laboratory fee imposed pursuant to Health and Safety Code section 11372.5, subdivision (a) by the trial court. We reverse the order imposing a restitution fine, otherwise we affirm, and direct the superior court clerk to correct the abstract of judgment to reflect the laboratory fee imposed pursuant to Health and Safety Code section 11372.5, subdivision (a).

[1331]