People v. James CA5

Filed 12/15/22 P. v. James 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F083664 Plaintiff and Respondent, (Super. Ct. No. RF008607A) v.

DALE JAMES, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Kenneth G. Pritchard, Judge. Randall Conner, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen, and Jennifer M. Poe, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Poochigian, J. and Detjen, J.

Defendant Dale James pled no contest as part of a plea deal to multiple charges in two separate cases. He was sentenced to a total term of six years in both cases and ordered to pay various fines and fees, including an installment payment fee pursuant to former Penal Code section 1205.1 On appeal, he contends any fees imposed pursuant to former section 1205 should be vacated in light of newly enacted legislation. We vacate the portion of the judgment ordering imposition of fees under former section 1205. In all other respects, we affirm. PROCEDURAL BACKGROUND2 In a prior case, case No. RF008109A,3 the Kern County District Attorney filed a complaint charging defendant with three drug related offenses and misdemeanor driving with an invalid license. Defendant pled no contest to two counts in exchange for an indicated disposition of probation for three years on condition of serving one year in jail, plus dismissal of two counts and two pending cases. Defendant violated probation, which led to his eventual arrest. Thereafter, new charges were filed against him in the instant case. In the instant case, case No. RF008607A, the Kern County District Attorney filed a complaint charging defendant with transportation of heroin (Health & Saf. Code, § 11352, subd. (a); count 1), possession of heroin (Health & Saf. Code, § 11351; count 2), transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a); count 3), and possession of methamphetamine (Health & Saf. Code, § 11378; count 4).