P. v. Aparicio CA6
In 2009, defendant Adalberto Aparicio pleaded guilty in two separate cases to driving under the influence with a blood alcohol content greater than .08 (Veh. Code, § 23152, subd. (b))—one count for each case. In both cases, he admitted he had three prior convictions for driving under the influence (id., § 23550, subd. (a)). Defendant was granted probation in both cases. Many years later, the prosecution alleged defendant violated his probation by failing to comply with a condition that required him to install an ignition interlock device. Defendant admitted the violation and probation was reinstated, subject to additional conditions.
On appeal, defendant challenges the court’s 2016 order requiring him to pay a restitution fine (Pen. Code, § 1202.4) of $300 and a probation revocation restitution fine (§ 1202.44) in the same amount in one of the cases.
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