Modification: People v. Jordan

THE PEOPLE,

Plaintiff and Respondent,

v.

KIM E. JORDAN,

Defendant and Appellant.

No. C084592

(Super. Ct. No. 15F00424)

California Court of Appeals

Third Appellate District

(Sacramento)

Filed April 12, 2018

THE COURT:

It is ordered that the opinion filed herein on March 15, 2018, be modified as follows:

On page 10, delete the first two full paragraphs and insert the following in its place:

This case does not fall within that exception because the trial court was authorized to impose penalty assessments on both the drug program and the criminal laboratory analysis fees. (People v. Sierra (1995) 37 Cal.App.4th 1690, 1695 [drug program fee is punitive and subject to penalty assessments]; People v. Sharret (2011) 191 Cal.App.4th 859, 869 [laboratory analysis fee is punitive and subject to penalty assessments].)

There is no change in the judgment.

BY THE COURT:

Robie, Acting P. J.

We concur:

Duarte, J.

Hoch, J.