People v. Young CA4/3

Filed 11/2/15 P. v. Young CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G051182

v. (Super. Ct. No. 14WF3421)

ANDREW B. YOUNG, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Richard M. King, Judge. Affirmed. Reed Webb, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Marilyn L. George and Peter Quon, Jr., Deputy Attorneys General, for Plaintiff and Respondent. * * *

Defendant Andrew B. Young appeals from a conviction on four counts following a plea bargain. All were related to the possession and sale of controlled substances.1 One count was for simple possession of heroin (Health & Saf. Code, § 11350). He was sentenced to a two-year prison term pursuant to the plea agreement, which included a concurrent two-year term on the possession count. On appeal, he argues we should reduce the simple possession count to a misdemeanor pursuant to Penal Code section 1170.18.2 We decline to do so because defendant is required to seek such relief in the trial court. Defendant may file the appropriate petition in the trial court. He also asserts a $150 drug program fee imposed by the court was improper. We disagree and affirm.

I FACTS AND PROCEDURAL HISTORY The facts are not particularly relevant to the issues on appeal. Suffice to say a police officer searched a hotel room that defendant and his codefendant were sharing, and found both drugs and drug paraphernalia. After the plea bargain was accepted by the court, defendant sought a certificate of probable cause to appeal. The trial court denied the application. Defendant now appeals.