P. v. Tonies CA3
Defendant Dane Lee Tonies appeals from his conviction for child endangerment (Pen. Code, § 273a, subd. (a); count III) and hit-and-run driving causing injury (Veh. Code, § 20001, subd. (a); count IV). He contends the trial court prejudicially erred in responding to two separate questions asked by the jury during deliberations. He also claims the trial court violated his state and federal constitutional rights by imposing various fines and fees not orally pronounced at sentencing; alternatively, he contends the trial court violated his constitutional rights by imposing those fines and fees without considering his ability to pay. We agree the sentencing minute order and abstract of judgment improperly include fines and fees not imposed by the court at sentencing, and therefore we will remand for a limited resentencing to allow the trial court to determine whether to impose these fines and fees and, if so, their amounts. We otherwise affirm the judgment.
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