P. v. Smith
A jury convicted defendant of driving under the influence of alcohol, driving with a blood-alcohol level of .08 percent or higher, and driving with a suspended or revoked license. Defendant admitted to three prior convictions of driving under the influence of alcohol. The court sentenced defendant to three years for count one and stayed the sentence for count two. The trial court imposed a $1,758.90 “penal fine,” a $50 Alcohol Abuse Education and Prevention penalty, a $200 restitution fund fine.
On appeal, defendant contends: 1) there was insufficient evidence to support the trial court’s findings regarding his Arizona driving under the influence convictions; 2) the abstract overstated the restitution and parole revocation fines; 3) the trial court failed to include a breakdown of the fines, fees and penalties in the abstract; 4) the driving under the influence fine should be stricken; and 5) there was insufficient evidence of defendant’s ability to pay the alcohol abuse penalty. Court concluded that since defendant admitted the Arizona prior convictions, defendant is barred from challenging the trial court’s findings on the Arizona prior convictions on appeal. Court remanded for resentencing on the fines and fees, and affirmed the rest of the judgment.
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