People v. McFarland CA4/1

California Court of Appeal Jun 3, 2016 No. D068650Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court held that a Harvey waiver does not constitute a conviction, and therefore the trial court lacked the authority to impose narcotics offender registration and a lab fee for a dismissed drug-related charge.

Issues

Whether a Harvey waiver allows a trial court to impose narcotics offender registration for a dismissed drug charge.
Whether a Harvey waiver allows a trial court to impose a lab fee for a dismissed drug charge.

Disposition. Affirmed as modified and remanded with directions.

Quotations verified verbatim against the opinion

“The waiver is not the same as a conviction, and cannot be considered as such in sentencing.”

“Health and Safety Code section 11590 authorizing registration of narcotics offenders requires a conviction before registration can be ordered.”

“a Harvey waiver does not amount to a conviction. Thus, the court had no authority to impose the lab fee in this case.”

Filed 6/3/16 P. v. McFarland CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D068650

Plaintiff and Respondent,

v. (Super. Ct. No. JCF35080)

ANTHONY MC FARLAND,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Imperial County, Diane B.

Altamirano, Judge. Affirmed as modified and remanded with directions.

Denise M. Rudasill, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Lise S. Jacobson and Randall D.

Einhorn, Deputy Attorneys General, for Plaintiff and Respondent.

Appellant Anthony McFarland entered into a plea agreement. Under that

agreement, appellant pled guilty to burglary of a vehicle (Pen. Code,1 § 459) and two

misdemeanors: possession of burglary tools and fleeing from a police officer. The

remaining counts, including misdemeanor possession of methamphetamine (Health &

Saf. Code, § 11377, subd. (a)) were dismissed with a Harvey waiver.2 The parties agreed

People v. McFarland CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D068650

ANTHONY MC FARLAND,

More from California Court of Appeal

Related research

DISCUSSION

DISPOSITION

HUFFMAN, J.

AARON, J.

AI Brief