California Court of Appeals, Second District, Fifth Division
FOR PARTIAL PUBLICATION [*]
from a judgment of the Superior Court of Los Angeles County,
No. KA108277, George Genesta, Judge.
Christopher Love, under appointment by the Court of Appeal,
for Defendant and Appellant.
D. Harris, Attorney General, Gerald A. Engler, Chief
Assistant Attorney General, Lance E. Winters, Senior
Assistant Attorney General, and Scott A. Taryle, Deputy
Attorney General, for Plaintiff and Respondent.
Jessica Lee Jefferson, appeals from a judgment of conviction
of two counts of misdemeanor methamphetamine possession and
one count of attempted second degree robbery. (Health &
Saf. Code, § 11377, subd. (a); Pen. Code,  §§
211, 664.) We affirm the judgment of conviction but reverse
the 14-year sentence in its entirety. Upon remittitur
issuance, the trial court is to resentence defendant.
published portion of this case, we discuss two sentencing
issues. To begin with, we analyze why the Health and Safety
Code section 11372.7, subdivision (a) drug program fee may
not be suspended. We conclude that because defendant did not
have the ability to pay the fine, it may not be imposed at
all. In addition, we discuss why no section 1202.5,
subdivision (a) crime prevention fee may be imposed. We
conclude that attempted robbery is not an enumerated
offense in section 1202.5, subdivision (a). Thus, when
defendant is resentenced, no drug program nor crime
prevention fees may be imposed.
II(A) and (B)(1)-(5) are deleted from publication. See
post at page 7 where publication is to resume.]
Defendant’s Fight With the Security Guards and
Extensive Prior Record
she stole tools from a department store, two security guards
attempted to apprehend defendant. As they were taking her
into custody, she attempted to fight the security guards. One
of the security guards, Sylvia Razo, described how defendant
reacted once confronted outside the store: “She
immediately tried to run past [loss prevention officer
Richard Patini], shoving me to try and get away. I then
grabbed her arm and tried to get the purse so that I can get
my merchandise back, if she wanted to run away.... She would
not let it go.” According to Mr. Patini, no effort was
made to grab defendant’s arm until she swung at him
with her fist. Ms. Razo was pushed as defendant tried to
break away from the two security guards. Defendant continued
to struggle with the security guards as she was taken back
into the store.
has an extensive record of prior convictions. On June 5,
2000, defendant was convicted of petty theft and was
sentenced to two days in the county jail. Additionally, a
delayed entry of judgment order was entered because of
defendant’s admission she violated Health and Safety
Code sections 11550, subdivision (a) and 11377, subdivision
(a). On July 3, 2001, defendant was placed on probation after
her conviction for petty theft with a prior conviction.
(§ 666, subd. (a).) Defendant was found in violation of
probation as a result of her August 21, 2002 petty theft
conviction. Defendant was sentenced to 90 days in county jail
and placed on three-year probation. On January 15, 2003,
defendant was sentenced to prison for a new conviction of
petty theft with a prior conviction. Additionally, on October
30, 2003, defendant was sentenced to prison for violating her
probation from her August 21, 2002 petty theft conviction.
May 11, 2005 arrest for driving with a suspended license
resulted in a July 12, 2005 order placing her on three years
probation. (Veh. Code, § 14601.1, subd. (a).) On July
18, 2005, defendant was arrested for driving an automobile
without the owner’s consent in violation of Vehicle
Code section 10851, subdivision (a). On July 29, 2005,
defendant was sentenced to prison for the automobile theft
charge. On August 17, 2006, defendant was again sentenced in
another case to prison for unlawful driving of a vehicle in
violation of Vehicle Code section 10851, subdivision (a).
being paroled, defendant was convicted of switchblade
possession in violation of former section 653k, now sections
17235 and 21510. On June 5, 2008, she was sentenced to county
jail for 90 days. On April 15, 2009, defendant was arrested
for being under the influence of a controlled substance and
placed on 12 months summary probation. (Health & Saf.
Code, § 11550, subd. (a).) On December 10, 2010,
defendant was arrested for possession of narcotics
paraphernalia and later placed on probation on January 26,
2011. (Health & Saf. Code, § 11364, subd. (a).) On
January 29, 2011, defendant was arrested once again for being
under the influence of a controlled substance and later
placed on three years probation. (Health & Saf. Code,
§ 11550, subd. (a).) On February 26, 2011, defendant was
arrested on various felony charges. On March 1, 2011,
defendant was ...