People v. Clifton

Opinion

STONE, P. J.

Donald Leroy Clifton II appeals from the judgment (order granting probation) entered after his negotiated plea of guilty to driving

[1167]

while under the influence of alcohol and causing bodily injury. (Veh. Code, § 23153, subd. (a).) He contends: “I. The restitution fines should be stricken for they exceed the court’s statutory authority. II. Appellant may challenge his sentence without having obtained a § 1237.5 certificate.”

On May 3, 1984, at approximately 11:50 p.m. appellant was driving his car on the wrong side of a two-lane road, route 34 in Ventura County, when his car struck an oncoming vehicle driven by 56-year-old Raymond Seeler. Appellant was driving under the influence of alcohol, with approximately a .13 percent blood alcohol level, and subsequently pled guilty to a violation of Vehicle Code section 23153, subdivision (a). In the felony disposition statement which was executed prior to the plea, and during the plea itself, appellant acknowledged that he would be ordered to pay a fine of not less than $100 nor more than $10,000, pursuant to Government Code section 13967, and that he would pay a fine of not less than $390, pursuant to Vehicle Code section 23180.

Prior to appellant’s sentencing hearing Mr. Seeler entered into a settlement with appellant’s insurance carrier for $28,500, consisting of $3,500 for the loss of his vehicle and $25,000 for partial payment for other damages, which was the maximum coverage of appellant’s insurance policy. Mr. Seeler did not have health insurance and continued to incur medical expenses related to the offense, at the time of the sentencing hearing on October 3, 1984. At that time Mr. Seeler’s actual medical costs were over $17,000 and were expected to continue because further treatment was required.

The court granted appellant probation for five years on the condition, among others, that he spend 60 days in the county jail. The court also ordered appellant to pay restitution of $6,000 to the victim, payable at $100 per month to Mr. Seeler’s account at the Ventura County General Hospital, to defray the cost of the ongoing medical expenses. The court further imposed a fine of $390, plus penalty assessment, and ordered a restitution fine of $5,000, payable to the State Restitution Fund. The court stayed the restitution fine pending payment of restitution to the victim and successful completion of probation.