People v. Byrd CA5

Filed 11/10/15 P. v. Byrd CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F069939 Plaintiff and Respondent, (Super. Ct. Nos. 13CM0784, v. 13CM1513)

KENNETH ANDREW BYRD, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Robert S. Burns, Judge. Steven A. Torres, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Daniel B. Bernstein and Peter H. Smith, Deputy Attorneys General, for Plaintiff and Respondent.

* Before Levy, Acting P.J., Kane, J. and Poochigian, J.

-ooOoo- INTRODUCTION In two Kings County Superior Court cases,1 appellant Kenneth Andrew Byrd entered identical pleas of guilty to one count of driving under the influence of alcohol (DUI) (Veh. Code, § 23152, subd. (a)), admitted three prior DUI convictions, and admitted a prior strike allegation. Appellant was sentenced to an aggregate term of four years in state prison. On appeal, he contends additional fees and fines were levied against him at sentencing which were not contemplated in the plea agreements. He argues all fees and fines beyond the $390 penal fine imposed in each case must be stricken. We find this argument unpersuasive. We affirm. BACKGROUND Appellant’s plea agreements appear on identical judicial council forms (PRU-101) titled “DUI Advisement of Rights, Waiver and Plea Form.” The forms contain numerous paragraphs with various advisements regarding the nature of the charges, constitutional rights, the consequences of pleading guilty or no contest, the possible additional penalties for violating Vehicle Code section 23152, and the various sentences that can be imposed. Accompanying each paragraph is a box for the defendant to initial. Paragraph 26 of the form reads as follows: “I understand that in addition to the fine, the Court will add assessments which will significantly increase the amount I must pay. I will also be ordered to make restitution and to pay a restitution fine of $120 to $1000 (or $240 to $10,000 if the offense is a felony), unless the Court finds compelling and extraordinary reasons not to do so.”