People v. Castillo CA6

STATEMENT OF THE CASE

Defendant Joel Rocha Castillo pleaded no contest to driving with a blood alcohol content of .08 percent or more and causing bodily injury (Veh. Code, § 23153, subd. (b)). He admitted that he personally inflicted great bodily injury in the commission of the offense (Pen. Code, § 12022.7, subd. (a)). The trial court sentenced defendant to five years in prison. The trial court ordered defendant to pay fines, fees, and penalty assessments totaling $2,104. Defendant now appeals from the judgment of conviction. On appeal, defendant contends that we must reduce penalties assessed pursuant to Government Code sections 76104.7 and 70372. Defendant also contends that we must strike a fee imposed pursuant to Penal Code section 1205. As set forth below, we will modify the judgment in the manner requested by defendant.

BACKGROUND1

At the sentencing hearing, the trial court stated that it was imposing a total “fine” of $2,104. In determining the sum, the trial court adopted the recommendation made in the supplemental probation report. The trial court explained that it “looked at the supplemental report” and was “going to go with the 2104 fine . . . as outlined in the…