People v. Dhillon CA3

Filed 2/17/16 P. v. Dhillon CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C079694

Plaintiff and Respondent, (Super. Ct. No. CM042497)

v.

SULAKHAN SINGH DHILLON,

Defendant and Appellant.

Defendant Sulakhan Singh Dhillon appeals from the judgment entered following his no contest plea to driving under the influence of a drug and causing bodily injury to another person (Veh. Code, § 23153, subd. (e)), and his admission to inflicting great bodily injury upon another person within the meaning of Penal Code section 12022.7,

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subdivision (a).1 On appeal, defendant contends the trial court erred by failing to orally pronounce the amount and statutory basis of the “DUI fine” and the component parts of the aggregate penalty assessment of $1,845. Defendant further contends the trial court erred by imposing a $50 penalty assessment under section 1463.16. We conclude the penalty assessment imposed under section 1463.16 was improper and must be stricken. As modified, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Following a car accident, defendant was charged with, among other things, driving under the influence (DUI) of a drug and causing bodily injury to another person. (Veh. Code, § 23153, subd. (e).) The People also alleged defendant inflicted great bodily injury upon another person within the meaning of section 12022.7, subdivision (a). Defendant pleaded no contest to the DUI offense and admitted to inflicting great bodily injury upon another person. The trial court sentenced defendant to six years in state prison. As part of its sentencing pronouncement, the trial court ordered defendant to pay a $300 restitution fine and a matching but suspended $300 parole revocation fine. The trial court also imposed a “DUI fine, with penalty assessments, of $1,845.” The trial court, however, did not separately articulate the amount of or statutory basis for each fine, fee, and assessment that comprised the aggregate fine of $1,845. Nor did the trial court’s minute order provide any details in this regard.