People v. Dollar CA2/7

Filed 11/5/13 P. v. Dollar CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B244830

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA093168) v.

LAURIE DANA DOLLAR,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, James Otto, Judge. Affirmed. Gideon Margolis, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, James William Bilderback II and Stephanie C. Santoro, Deputy Attorneys General, for Plaintiff and Respondent.

______________________

INTRODUCTION

Defendant Laurie Dana Dollar appeals from the judgment entered following her no contest plea to two counts of sale or transport of a controlled substance, cocaine base (Health & Saf. Code, § 11352, subd. (a)), for which the trial court imposed a five-year prison term. On appeal, she contends that the trial court erred by imposing a jail booking fee as part of her sentence without making a finding on her ability to pay the fine. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

After Dollar engaged in two hand-to-hand sales of rock cocaine, the District Attorney charged her in a felony complaint with two counts of selling or transporting cocaine base, with a special allegation as to both counts that she had suffered one prior serious or violent felony conviction within the meaning of the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12). Represented by counsel, Dollar waived her rights to a preliminary hearing and to a jury trial, entered an open plea of no contest to the charges, and admitted the prior strike conviction. The trial court sentenced Dollar to two concurrent state prison terms of five years and dismissed the prior strike allegation for purposes of sentencing (id., § 1385). The trial court ordered Dollar to pay on each count a $40 court security fee (Pen. Code, § 1465.8), a $30 criminal conviction assessment (Gov. Code, § 70373), and a $50 lab fee (Health & Saf. Code, § 11372.5). The court imposed a $240 restitution fine (Pen. Code, § 1202.4) and imposed and suspended a $240 parole revocation fine (id., § 1202.45). The court also ordered Dollar to “pay booking fees to the arresting agency [Long Beach Police Department] in the amount of $266.52, if applicable.”