P. v. Torres

Filed 9/6/06 P. v. Torres CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(El Dorado)

Defendant Jose Torres entered a negotiated plea of no contest to driving under the influence of alcohol causing injury (Veh. Code, § 23153, subd. (a); count I) and two counts of child abuse and endangerment (Pen. Code, § 273a, subd. (a); counts III (Chad B.), IV (Andrew H.)). In connection with count I, defendant admitted causing great bodily injury to Sheree Boatman (Pen. Code, § 12022.7, subd. (a); further undesignated statutory references are to this code). Defendant entered his plea and admission in exchange for dismissal of the remaining three counts with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754, dismissal of the remaining allegations and a sentencing lid of five years.

The court sentenced defendant to state prison for an aggregate term of five years, that is, the midterm of two years for count I plus three years for the great bodily injury enhancement, and concurrent midterms of four years for both counts III and IV.

Defendant appeals, contending (1) the trial court's imposition of a no-contact order with respect to the victim of the driving under the influence offense was unauthorized, (2) the $500 restitution fine and the corresponding $500 parole revocation restitution fine (parole fine) must be reduced to the statutory minimum and (3) the trial court failed to break down the $2,247 fine and assessments for the driving under the influence offense. We will remand for a breakdown of the $2,247 fine and assessments but reject defendant's other contentions.

FACTS

On July 12, 2003, defendant drove his vehicle with four boys as passengers on the freeway, speeding, weaving through traffic and honking his horn. Defendant hit a vehicle driven by Roy Jones but did not stop. Defendant later hit Sheree Boatman's vehicle. Boatman suffered numerous injuries. Defendant had a blood alcohol content of .19 percent.

DISCUSSION

I

Citing People v. Stone (2004) 123 Cal.App.4th 153 at page 159, defendant contends that the trial court's order at sentencing that defendant have no contact with Sheree Boatman or her family constitutes an unauthorized order. The Attorney General responds that the record is ambiguous whether the court imposed such an order but even if so, any objection has been â€