People v. Bayne CA4/1

INTRODUCTION

Alexandria Marie Bayne drank numerous alcoholic beverages, drove her vehicle while she had a blood alcohol content (BAC) four times the legal driving limit, and crashed head-on into another vehicle, killing the driver of the vehicle. She was found guilty of second degree murder, gross vehicular manslaughter while intoxicated, driving while under the influence of alcohol and causing bodily injury, driving with a BAC of 0.08 or more and causing bodily injury, and driving the wrong way on a divided highway. The defendant appeals her judgment of conviction. She claims the trial court erred: (1) by excluding evidence she was sexually assaulted as a child, which allegedly caused her to suffer from post-traumatic stress disorder (PTSD) and precluded her from appreciating the risks associated with her actions; (2) by denying her motion to continue the sentencing hearing; (3) by

miscalculating the court operations assessment (Pen. Code,1 § 1465.8) and the conviction assessment (Gov. Code, § 70373) she owes as part of her sentence; and (4) by imposing a $10,000 restitution fine (§ 1202.4, subd. (a)), a stayed $10,000 parole revocation restitution fine (§ 1202.45), and the…