People v. Brackett CA1/1

I.

FACTUAL AND PROCEDURAL

BACKGROUND

Brackett was charged with three DUI counts based on a July 2021 incident during which he crashed his car into a utility pole.1 In August 2023, under a plea agreement, he pleaded guilty to driving under the influence and admitted four previous DUI convictions. He also admitted there were aggravating circumstances justifying an upper-term sentence and waived his custody credits. The remaining counts were dismissed. At the same August 2023 hearing, the trial court sentenced Brackett to the upper term of three years in prison and suspended execution of the sentence. He was placed on probation for four years with the condition that he serve 180 days in jail. The court also imposed various fines and fees, including “the court fine of $3,278.”

II.

DISCUSSION

A. Remand Is Required for the Trial Court to Specify the Statutory Bases for the $3,278 Charge. As the parties agree, the trial court erred by not identifying the statutory bases for the $3,287 “court fine.” As a result, we remand for the court to clarify this monetary charge.

1 Brackett was charged with felony counts of driving under the

influence under Vehicle Code section 23152,…