Does the Attorney General have any responsibility for determining whether a defendant must pay a crime-lab or drug program fee for each conviction?

California, United States of America


The following excerpt is from People v. Martinez, 15 Cal.App.5th 659, 223 Cal.Rptr.3d 417 (Cal. App. 2017):

At the hearing, the court imposed only one crime-lab fee ( 11372.5) and one drug program fee ( 11372.7), and did not mention imposing each of these fees per conviction. However, the minute order and the Probation Form indicated the fees would be imposed for each conviction. The Attorney General acknowledged that generally only the oral pronouncement constitutes the judgment, and any divergence in the minute order (or other forms) is presumed to be clerical error. ( People v. Scott (2012) 203 Cal.App.4th 1303, 1324, 138 Cal.Rptr.3d 236.) This case presents an exception to this general rule because the crime-lab fee and drug program fee were each mandatory. The drug program fee provides the defendant "shall pay a drug program fee ... for each separate offense." ( 11372.7.) Similarly, the crime-lab fee mandates the defendant "shall pay a ... fee ... for each separate offense."

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