Cruz
The People v. Cruz
Opinion
Opinion
Nicholson, J.
Defendant Michael Anthony Cruz entered a negotiated plea of no contest to driving with a 0.08 percent blood-alcohol level or higher and causing injury (Veh. Code, § 23153, subd. (b)). The trial court sentenced him to the agreed-upon term of 16 months in state prison. On appeal, he contends the imposition of $2,450 worth of fines must be reversed as having no statutory basis within the confines of the plea agreement.
The People initially agreed that remand was appropriate in this case because no statutory basis for the penal fine was specified in the plea agreement. However, during the pendency of this appeal, the California Supreme Court decided People v. Villalobos (2012) 54 Cal.4th 177 [ 141 Cal.Rptr.3d 491 , 277 P.3d 179 ] (Villalobos), which clarified the law relied upon by the parties in their briefs. We requested and received supplemental briefs from the parties regarding the effect of Villalobos on the issue presented. The People withdrew their concession that the fine should be reduced. We agree and affirm the judgment.
BACKGROUND
We dispense with a recitation of the facts underlying defendant’s offense, as they are irrelevant to the disposition of this…