People v. Dumont CA3

DISCUSSION

Defendant identifies numerous errors with the penalties, fees, and assessments associated with the base fine. With one minor exception, the People agree. We agree with defendant.

We dispense with a summary of the facts of defendant’s crimes as they are unnecessary to resolve this appeal.

2 Defendant first notes the trial court misstated the statutory source of the base fine. The purported source of the base fine, Penal Code2 section 1463.001, does not establish any fine but instead sets forth the procedures for accounting for base fines. Vehicle Code section 23550, subdivision (a) mandates a fine from $390 to $1,000 for any defendant who is convicted of a DUI with three prior DUI convictions within the last 10 years. Defendant and the People assert this is the statutory source of the base fine. We agree and we shall direct the trial court to state as such in the amended abstract. Next, defendant finds that the amounts incorporated into the DUI fine pursuant to sections 1463.14, 1463.16, and 1463.18 are improper as those provisions address the distribution of the DUI base fine into various categories rather than authorizing additional fines to be paid by…