Does a defense counsel provide ineffective assistance by failing to oppose the imposition of a section 11377(c) fine and a drug program fee?

An attorney does not provide deficient performance by failing to make an objection that counsel determines would be futile or unmeritorious. (See People v. Price (1991) 1 Cal.4th 324, 387.) Because defense counsel in this case may have reasonably determined the court would find that his client had the ability to pay the drug program fee and the section 11377(c) fine, the record on appeal does not support a claim that defense counsel's performance was deficient. Further, on this record, there is no reasonable probability that Ott would have secured a more favorable outcome if his counsel had objected to the imposition of the fees and fines. Accordingly, we reject his ineffective assistance claim raised on direct appeal.