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The People v. Terrence Lamont Davis et al

August 5, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
TERRENCE LAMONT DAVIS ET AL., DEFENDANTS AND APPELLANTS.



(Super. Ct. No. 09F06574)

The opinion of the court was delivered by: Robie , J.

P. v. Davis

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendants Terrence Lamont Davis and Douglas Gene Walls pled no contest to possessing cocaine base for sale. Davis admitted a prior strike. The trial court sentenced Davis to six years in prison and Walls to four years in prison.

The crime took place in September 2009. Walls was stopped by police because he was riding his bicycle against traffic. During the stop, the police searched Walls' pocket and found 1.02 grams of cocaine in individually wrapped pieces. There was a text message on Walls' phone from Davis "relay[ing] a message [about] dropping off narcotics." Police then searched Davis's apartment and found 6.87 grams of cocaine base, packaging materials, and a scale.

Davis and Walls both appeal their convictions. Counsel for Walls has asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Counsel for Davis raises issues relating to Davis's fines and fees. Agreeing that one of Davis's fees must be stricken, but finding no error that would result in a disposition more favorable to Walls, we affirm the judgment as modified as to Davis and affirm the judgment as to Walls.

DISCUSSION

I

Davis's Appeal

Davis contends the court improperly imposed the following four fees: (1) a $460 crime prevention fee; (2) a $270.17 main jail booking fee and $51.34 main jail classification fee; (3) a $150 drug program fee; and (4) a $702 presentence report fee. As we explain, the crime prevention fee must be stricken, but Davis's challenges to the remaining fees are forfeited.

A

The Crime Prevention Fee Must ...


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