People v. Hernandez CA6

INTRODUCTION

Defendant Cornelio Lopez Hernandez pleaded no contest to operating a vehicle with a blood-alcohol level of 0.08% or higher. (Veh. Code, § 23152, subd. (b).) The trial court also found true three prior convictions for violating the same provision. The court suspended imposition of sentence and placed defendant on probation for five years. On appeal, defendant challenges the validity of a probation condition prohibiting him from associating “with persons whose behavior might lead to criminal activities.” He also asserts that the trial court erred in imposing a $2,800 fine without identifying each fine, fee, and penalty imposed and the statute upon which each fine, fee, and penalty was based. Lastly, defendant contends that the court erred in failing to award presentence conduct credits. For the reasons set forth below, we will reverse and remand to the trial court with directions.

FACTUAL AND PROCEDURAL BACKGROUND

In September 2013, the district attorney filed a complaint charging defendant with a felony count of driving under the influence of alcohol or drugs (Veh. Code, § 23152, subd. (a); count 1) and a felony count of driving while having a 0.08 percent or higher…