Sandoval

On September 4, 1987, an information was filed alleging four counts. Count I alleged a violation of Vehicle Code section 23153, subdivision (a), driving under the influence of alcohol or drugs with injury and doing an act forbidden by law. Count II alleged a violation of subdivision (b) of Vehicle Code section 23153, driving with a blood-alcohol level of .10 or above with injury and doing an act forbidden by law. It was further alleged with respect to counts I and II that defendant twice had been convicted of Vehicle Code section 23152, subdivision (a), within three years. Count III alleged a violation of Vehicle Code section 14601.2, subdivision (a), driving when license privilege is suspended or revoked. Count IV alleged a violation of Health and Safety Code section 11357, subdivision (b), possession of marijuana.

On September 8, 1987, defendant was arraigned, admitted the priors and pleaded nolo contendere to count I. The remaining counts were dismissed. Defendant was sentenced to three years in state prison, ordered to pay a fine of $500, plus $250 penalty assessments, and ordered to pay a restitution fine in the amount of $5,000, $4,000 of which was ordered to be…