People v. Johnson

On the evening of August 21, 1993, Clarence Johnson (appellant) drove his car under the influence of alcohol. At one point that evening, he drove over the center line on the Silverado Trail in Calistoga (Napa County) and struck a car driven by Walter Dominguez, killing Dominguez. Appellant was convicted by a jury of the second degree murder of Dominguez. He was sentenced to a term of 15 years to life in state prison and was ordered to pay a restitution fine of $10,000. Appellant asserts that the trial court committed reversible error in permitting the prosecution to introduce evidence that he had been convicted of drunk driving four times between 1973 and 1984. He also contends that the trial court erred in imposing the restitution fine without determining whether or not appellant had the ability to pay it. We affirm the conviction and remand for further proceedings in connection with the restitution fine.

I. Factual Background

A. Appellant’s Actions on the Evening of August 21, 1993

Appellant arrived at the Triple S Ranch restaurant about 5:30 p.m. and left between one and two hours later. During that time Lynn Clare Parkening, the bartender, served him two martinis.…