People v. Webb
Annotate this CaseWebb was found in the driver’s seat of a stolen car. The officer believed his identification card was fraudulent, and tracing Webb’s route, found methamphetamine and a scale. Video from the citywide surveillance system showed Webb dropping the box as he walked. During Webb’s booking search, the officer found bank checks in the name of other individuals in Webb's pocket and a cell phone with text messages and emails relating to drug transactions. A search of Webb’s home uncovered additional methamphetamine and indicia of drug sales. Webb was convicted of driving a vehicle without consent, possession for sale of methamphetamine, and identity theft. He claimed his trial attorney provided ineffective assistance by failing to move to dismiss the identity theft charge on the ground that the Williamson rule permitted prosecution for his conduct of only misdemeanors under either section 148.9 (false representation of identity to a peace officer) or Vehicle Code section 31 (false information to a police officer). and that the court erred in imposing penalty assessments on fees imposed under the Health and Safety Code and in requiring him to pay $500 in attorney fees. The court of appeal rejected the ineffective assistance of counsel claim but remanded for recalculation of the fees excluding the penalty assessments and to determine Webb’s financial ability to pay attorney fees.
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