Error and/or relief
The crime that the defendant pleaded guilty to is not one to which Health and Safety Code section 11372.5 applies to, so the $50 fee must be stricken.
First Holding:
Health and Safety Code section 11372.5(a) states that every person who is convicted of enumerated offenses must pay a criminal laboratory analysis fee of $50 for each separate offense. The fee only applies to the offenses listed or enumerated in section 11372.5(a).
Authority:
HSC 11372.5
People v. Myles (2016) 6 Cal.App.5th 1158, 1160
Second Holding:
Defendant pleaded no contest to an offense not listed in section 11372.5(a). Thus the trial court could not legally impose the $50 criminal laboratory analysis fee as a probation condition and the fee is, therefore, unauthorized. We therefore strike the fee.
Authority:
People v. Myles (2016) 6 Cal.App.5th 1158, 1160
People v. Dotson (1997) 16 Cal.4th 547, 554, fn. 6 [claim that a sentence is unauthorized may be raised for the first time on appeal and corrected whenever error comes to the attention of the reviewing court]
People v. Soto (2016) 245 Cal.App.4th 1219, 1231-1233 [striking unauthorized fee on appeal]