People v. Unander 

(Modified upon denial of rehearing 10/26/10; court's prior opinion of 9/28/10 withdrawn.) Defendant pled guilty to residential burglary and was sentenced to 15 years imprisonment; Defendant appealed imposition of fees and DNA assessment. $5 drug-court fee is actually a fine, as revenue from charges imposed are intended for operaiton of drug court, rather than to reimburse State for costs of prosecution. As court stated that if Defendant had not already done so, he was to submit a DNA specimen and pay the DNA-analysis fee, and Defendant had already done so, DNA-analysis fee was wrongly imposed. Amendment to medical costs fund fee statute indicates intent that fee be collected regardless of whether a Defendant incurs any injury. VCVA assessment should be mofied to $4 because Defendant's remaining fines total less than $40. (McCULLOUGH, concurring; MYERSCOUGH, specially concurring in part and dissenting in part.)