Los Angeles County Super. Ct. No. TA109396 APPEAL from a judgment of the Superior Court of Los Angeles County, Gary E. Daigh and Paul Bacigalupo, Judges.
The opinion of the court was delivered by: Turner, P. J.
CERTIFIED FOR PARTIAL PUBLICATION*fn1
Affirmed in part; reversed in part with directions.
Defendant, Vincent Woods, appeals from his convictions for cocaine possession (Health & Saf. Code, § 11350, subd. (a)) and misdemeanor marijuana possession. (Health & Saf. Code, § 11357, subd. (b).) In the published portion of this opinion, we address the issue of whether, when a defendant is placed on probation pursuant to Penal Code section 1210.1, subdivision (a) (Proposition 36 probation), the following may be stayed: a Government Code section 70373, subdivision (a) court facility assessment; a Penal Code section 1202.4, subdivision (b)(1) restitution fine; and a Penal Code section 1465.8, subdivision (a)(1) court security fee. We conclude they may not be stayed. In the unpublished portion of the opinion, we address other sentencing issues. We affirm the judgment in all other respects.
[The following portion of the opinion is not to be published. See post, at page 6 where publication is to resume.]
A. Factual and Sentencing Background
We view the evidence in a light most favorable to the judgment. (Jackson v. Virginia (1979) 443 U.S. 307, 319; People v. Osband (1996) 13 Cal.4th 622, 690; Taylor v. Stainer (9th Cir. 1994) 31 F.3d 907, 908-909.) At approximately 10 p.m. on November 13, 2009, Los Angeles Police Officers Eddie Roca and John Lukaszewski, were on patrol in an unmarked police car. Officers Roca and Lukaszewski, who were dressed in full police uniform, saw defendant sitting in a car. Defendant was sitting in the driver's seat of his car on 109th Street near Central Avenue which was parked near a fire hydrant partially in the red zone close to the intersection. Officer Roca's car was facing the opposite direction. Officer Roca stopped opposite defendant's car. Officer Roca asked if everything was okay. Defendant claimed to have been waiting for a friend for about an hour. Defendant pointed down the street. Officer Roca became suspicious because the area where defendant was parked was known for narcotics sales.
Officer Roca got out of the police cruiser and walked towards defendant's car. The driver's window was open. Officer Roca smelled an odor of marijuana within a few feet from defendant's car. There were no other people in the area. Officer Roca spoke to defendant. Thereafter, defendant was asked to step out of his car. Defendant gave permission to search his car. Officer Roca verified no one else was inside defendant's car. Officer Roca removed a man's dark sweater from the driver's seat of defendant's car. Officer Roca found a small plastic baggie containing an off-white rock resembling cocaine base in the pocket of the sweater. Officer Roca walked back to where defendant stood with Officer Lukaszewski. Officer Roca held the baggie in his hand. Defendant said: "That's mine. I smoke it with weed."
Defendant was arrested and searched. Defendant had 1.05 grams of marijuana in his pants pocket. The parties stipulated that the items recovered by Officer Roca were analyzed by a police department chemist. The first item was found to be 0.81 grams of cocaine base. The second item consisted of 1.05 grams of marijuana.
Defendant was found eligible for placement on probation pursuant to Penal Code section 1210.1. Defendant was given credit for two days served in the county jail. Defendant was to report to the community assessment service center and the probation department. In addition to other probation conditions, defendant was ordered to pay: a $50 Health and Safety Code section 11372.5, subdivision (a) laboratory fee, and "penalty assessments" totaling $85; a $200 drug program fee; a $200 Penal Code section 1202.4, subdivision (b)(1) restitution fine, which was stayed; a $200 Penal Code section 1202.44 probation revocation fine, which was stayed; a $30 Penal Code section 1465.8, subdivision (a)(1) court security fee, which was stayed; and a $30 "court construction fund assessment" which was also stayed.
B. Unpublished Discussion
We appointed counsel, Randall Conner, to represent defendant on appeal. After examination of the record, Mr. Conner filed an "Opening Brief" in which no issues were raised. Instead, Mr. Conner requested we independently review the entire record on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436, 441. On September 2, 2010, we advised defendant that he had 30 days within which to ...