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People v. Sorenson1/5/2005
CERTIFIED FOR PUBLICATION
After his suppression motion was denied, a criminal defendant agreed to resolve the felony drunk driving charges against him by a plea that would result in a two-year prison sentence. The defendant said that he understood that among the additional consequences of his plea were: "You can be ordered to pay fines and fees totaling as much as 5,000 dollars." "You can be ordered to contribute 10,000 dollars to the State Restitution Fund with a required minimum contribution of 200 dollars." He asked for and received immediate sentencing.
The defendant did not object when the court orally imposed, in addition to the agreed prison term, a $1,000 state restitution fine pursuant to Penal Code section 1202.4 and a concurrent $500 fine "with the appropriate penalty assessment." The resulting minute order calculated the penalty assessments to be $1,125 and also reflected an additional suspended restitution fine of $1,000 pursuant to section 1202.45. Here we will conclude that defendant was adequately advised of the potential fines and assessments to which a guilty plea would subject him and that, since they were not made part of the plea agreement, their imposition did not violate the agreement.
Proceedings
After a preliminary examination on August 22, 2003, an information charged defendant John Anders Sorenson with the felonies of driving under the influence of alcohol with six prior convictions for the same crime (count 1; Veh. Code, § 23152, subd. (a)) and driving with a blood alcohol level of at least .08 percent (count 2; Veh. Code, § 23152, subd. (b)) and the misdemeanors of driving with a license that was suspended or revoked due to both a prior driving under the influence conviction (count 4; Veh. Code, § 14601.2, subd. (a)) and refusal of an alcohol test (count 3; Veh. Code, § 14601.5, subd. (a)) with a prior conviction of driving on a suspended license.
After his suppression motion was denied on October 17, 2003, defendant agreed to the following disposition on October 21, 2003, as described by the trial court. Defendant "will be pleading guilty or no contest to Counts Two and Four and admitting any allegations which pertain to those Counts based upon the understanding that he will be sentenced to state prison for two years and based upon the further understanding that he will be giving up or waiving his right to one half of the credits, credit for time served that he is entitled to as of today's date, which means . . . the end result will be that he will be sentenced to two years today with credit for 55 days." Defendant agreed that was the disposition.
The trial court proceeded to admonish defendant regarding his constitutional rights and the possible consequences of his entering a plea to the charges. Among other things, the court advised defendant that he would be on parole for three years upon release from prison. "There are additional consequences that you should be aware of. You can be ordered to pay fines and fees totaling as much as 5,000 dollars." "You can be ordered to contribute 10,000 dollars to the State Restitution Fund with a required minimum contribution of 200 dollars." "Did you understand all of the consequences which I just mentioned?" Defendant replied that he did understand these consequences. The court did not give defendant a section 1192.5 admonition.
After waiving his rights to trial, to cross-examine witnesses, to testify, to remain silent, and to call witnesses, defendant entered no contest pleas to counts 2 and 4 and admitted he had six prior driving under the influence convictions and one prior driving on a suspended license conviction.
Defendant desired to
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