Sorenson

After his suppression motion was denied, a criminal defendant agreed to resolve the felony drunk driving charges against him by a plea that would result in a two-year prison sentence. The defendant said that he understood that among the additional consequences of his plea were: “You can be ordered to pay fines and fees totaling as much as 5,000 dollars.” “You can be ordered to contribute 10,000 dollars to the State Restitution Fund with a required minimum contribution of 200 dollars.” He asked for and received immediate sentencing.

The defendant did not object when the court orally imposed, in addition to the agreed prison term, a $1,000 state restitution fine pursuant to Penal Code section 1202.4 and a concurrent $500 fine “with the appropriate penalty assessment.” The resulting minute order calculated the penalty assessments to be $1,125 and also reflected an additional suspended restitution fine of $1,000 pursuant to section 1202.45. Here we will conclude that defendant was adequately advised of the potential fines and assessments to which a guilty plea would subject him and that, since they were not made part of the plea agreement, their imposition did not violate…