People v. Haga CA5

Filed 11/19/14 P. v. Haga CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIFTH APPELLATE DISTRICT

THE PEOPLE, F067191 Plaintiff and Respondent, (Super. Ct. Nos. v. F11903324/F11905948)

MICHAEL ANTHONY HAGA, OPINION Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Fresno County. Don D. Penner, Judge. Francine R. Tone, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Marcia A. Fay, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo- Michael Haga pled no contest to charges of second degree burglary and possession of a controlled substance in a jail facility. As part of his sentence, Haga was ordered to register as a narcotics offender pursuant to Health and Safety Code section 11590 and pay

a $50 laboratory analysis fee pursuant to Health and Safety Code section 11372.5. He now contends that the trial court exceeded its authority by imposing the registration requirement and the drug lab fee. We agree, and modify the judgment accordingly by striking both from his sentence. As modified, the judgment is affirmed. FACTUAL AND PROCEDURAL BACKGROUND On June 10, 2011, Haga was charged by felony complaint with second degree burglary (Pen. Code, §§ 459, 460, subd. (b)),1 receiving stolen property (§ 496, subd. (a)), and unlawful possession of burglary tools (§ 466). The complaint further alleged that he had served four prior prison terms within the meaning of section 667.5, subdivision (b). On October 17, 2011, Haga was charged with additional crimes in a felony complaint which alleged one count of methamphetamine possession for sale (Health & Saf. Code, § 11378), one count of simple possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), and one count of possessing a controlled substance in a jail facility (§ 4573.6). Enhancement allegations regarding the prior prison terms were attached to these counts pursuant to section 667.5, subdivision (b). On February 27, 2013, Haga entered pleas pursuant to a negotiated global disposition of all charges then pending against him. He pled no contest to second degree burglary and possession of a controlled substance in a jail facility, and admitted one prior prison term. The remaining charges and allegations were dismissed. The plea deal called for sentencing in the burglary case to run concurrent with sentencing in the narcotics case, with maximum exposure of an aggregate three-year term in state prison. On March 27, 2013, the trial court sentenced Haga to a split term of three total years in local custody and on mandatory supervised release pursuant to the Criminal Justice Realignment Act of 2011 (§ 1170, subd. (h)). The trial court struck the prior prison term enhancement pursuant to section 1385, imposed the upper term of three years 1 All further statutory references are to the Penal Code unless otherwise specified.