In People v. Ruiz, the Supreme Court today holds that a defendant can be assessed criminal laboratory analysis and drug program fees after being convicted of conspiracy to transport a controlled substance, just as the fees can be imposed for the transporting crime itself. The unanimous opinion by Justice Ming Chin is one of statutory construction, turning on the question whether the fees are “punishment” under the conspiracy statute. They are, the court concludes.
The court affirms the Fifth District Court of Appeal on the merits, but disagrees with the appellate court’s alternative holding that the defendant had forfeited his challenge to the fees. The court also disapproves a 2005 decision by the Second District, Division Seven, a 2016 decision by the First District, Division One, and a 2017 decision by the Fourth District, Division Three.
