People v. Crist CA2/6

Filed 9/22/21 P. v. Crist CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, 2d Crim. No. B306311 (Super. Ct. No. 2019039659) Plaintiff and Respondent, (Ventura County)

v.

LAWRENCE WILLIAM CRIST,

Defendant and Appellant.

Lawrence William Crist appeals the judgment entered after he pleaded guilty to possessing methamphetamine for sale (Health & Saf. Code, § 11378). The trial court sentenced appellant to two years felony jail and awarded him 237 days of presentence custody credit. Appellant was also ordered to pay a $1,200 restitution fine (Pen, Code,1 § 1202.4, subd. (b)), a $503.87 booking fee (Gov. Code, § 29550, former § 29550.1), a $2,060

All statutory references are to the Penal Code unless 1

otherwise stated.

presentence investigation fee (former § 1203.1b), a $50 lab analysis fee (Health & Saf. Code, § 11372.5), and a drug program fee and associated penalty assessments totaling $600 (id., § 11372.7). Appellant contends the court erred in imposing these fines, fees and assessments without holding a hearing on his ability to pay them. We vacate the presentence investigation and booking fees, reverse the remaining challenged fines, fees and assessments, and remand for an ability to pay hearing. FACTS AND PROCEDURAL HISTORY Because appellant pleaded no contest prior to trial, the relevant facts are derived from the reporter’s transcript of the preliminary hearing. On December 4, 2019, appellant was arrested on an outstanding warrant. Appellant was searched and found to be in possession of a small amount of heroin. During a search of appellant’s apartment and vehicle, detectives recovered over 148 gross grams of methamphetamine as well as digital scales, plastic baggies, and a loaded firearm magazine. Appellant was charged with and pleaded not guilty to being a person prohibited from possessing a firearm or ammunition (§ 30305, subd. (a)(1)) and possessing methamphetamine for sale (Health & Saf. Code, § 11378). He subsequently withdrew his plea and pleaded guilty to possessing methamphetamine for sale. In his felony disposition statement, appellant acknowledged among other things that he would be “ordered to pay a restitution fine of not less than $300 and not more than $10,000” and “must prepare and file a disclosure of all assets, income, and liabilities” as provided in section 1202.4. Appellant further acknowledged that he “may be ordered to pay” a $50 lab analysis fee pursuant to Health and Safety Code section 11372.5, a $150 drug program