Hallquist

A jury convicted defendant Todd Robert Hallquist of driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)—count 1) and driving with a blood-alcohol level of .08 percent or more (Veh. Code, § 23152, subd. (b)—count 2). In a trial by court it was found defendant had three prior driving under the influence convictions (Veh. Code, §§ 23550, 23550.5). Imposition of sentence was suspended and defendant was granted probation on various terms and conditions and fined $1,326 as to each count.

On appeal, defendant contends (1) the trial court erred when it denied his pretrial motion to exclude the results of his preliminary alcohol screening (PAS) test, (2) his counsel rendered ineffective assistance when he failed to request the court to admonish the jury after the prosecutor committed misconduct, and (3) the trial court erred when it failed to stay the fine imposed on count 2. We reject defendant’s first two contentions, but agree with the third.

DISCUSSION

I

Prior to trial, defendant sought to exclude from evidence the numerical results of the PAS test administered to him by California Highway Patrol Officer Curtis Zaugg after the officer had stopped him for…