People v. Sanchez CA1/4

BACKGROUND

The underlying facts are not relevant to the issues presented here. Sanchez was convicted on a plea of no contest to two counts of threatening an officer, two counts of resisting an officer, and one count of vehicle theft, all felonies, and misdemeanor driving under the influence of alcohol (count 6), driving with a blood alcohol concentration of 0.08 percent or higher (count 7), hit and run driving, and driving without a license. He admitted special

1 allegations that he refused a chemical test and had a blood alcohol concentration of 0.20 percent or more at the time of driving. The probation report recommended that the court impose a $1,563 fine for driving under the influence of alcohol (Pen. Code, § 23536) on count 6, “includ[ing] penalty assessments, a Criminal Conviction Assessment, and a Court Security Fee,” and stay an identical fine on count 7. It also recommended a $300 restitution fine, a $300 parole revocation restitution fine, suspended, and court operations assessment fees totaling $490. At the sentencing hearing, defense counsel confirmed that he had reviewed the probation report’s recommendations with Sanchez. The court denied probation and imposed the…