California, United States of America
The following excerpt is from People v. Miller, H040879 (Cal. App. 2016):
People v. Turner (2002) 96 Cal.App.4th 1409 concluded that a "[f]ailure to impose the mandatory laboratory analysis fee constituted an unauthorized sentence" that was correctable on appeal though not raised in the trial court. (Id. at pp. 1414-1415.) By
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the same reasoning, it is equally unauthorized to impose a laboratory fee without a statutory basis. This contention is different from the ability to pay findings that are forfeited under the reasoning of People v. Trujillo (2015) 60 Cal.4th 850 and People v. Aguilar (2015) 60 Cal.4th 862.
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