People v. Moore CA5
Opinion
Opinion
INTRODUCTION
Appellant, Ronnie Allen Moore, was convicted of separate counts of felony drunk driving in case Nos. VCF238749 and VCF265039 (hereafter 238749 and 265039 respectively). Appellant contends the trial court improperly assumed the role of prosecutor when it took his change of plea in case No. 238749 and improperly imposed fines and fees when he was jointly sentenced in both cases. The People reply that there was no judicial error when the trial court accepted appellant’s change of plea in case No. 238749 and concede the trial court erred in the imposition of the fines and fees.
FACTS AND PROCEEDINGS
Case No. 238749 On June 9, 2010, appellant was charged in a criminal complaint with driving on May 16, 2010, under the influence of alcohol (Veh. Code, § 23152, subd. (a), count 1) and driving with a blood alcohol content of .08 percent or higher (Veh. Code, § 23152, subd. (b), count 2). Both counts allegedly occurred on one occasion from a single act. The complaint further alleged that appellant had six prior convictions for driving under the influence (Veh. Code, §§ 23540, 23550 & 23550.5) and was subject to multiple prior prison term enhancements pursuant to Penal Code…