People v. Canty CA5

INTRODUCTION AND BACKGROUND

The District Attorney of Kings County filed an amended information on March 3, 2020, charging defendant Henry James Canty with felony driving under the influence of an alcoholic beverage (Veh. Code, § 23152, subd. (a); count 1), driving while having 0.08 percent or more, by weight, of alcohol in his blood (Veh. Code, § 23152, subd. (b); count 2), and, as to both counts, alleging defendant did so within 10 years of conviction for a similar offense (Veh. Code, §§ 23550, 23550.5) and after serving two prior prison terms (Pen. Code, former § 667.5, subd. (b)).1 After a two-day trial, the jury convicted defendant of both charges. Defendant waived a jury determination of his prior convictions and the trial court found the prior conviction allegations to be true. On April 1, 2020, the trial court denied probation and sentenced defendant to the upper term of three years in prison as to both counts but stayed the term as to count 2 pursuant to former section 654.2 The court determined that defendant did not have the ability to pay any penal fines but imposed a $300 restitution fine (former § 1202.4, subd. (b)), a suspended $300 mandatory revocation restitution…