State v. McDonagh

OPINION

THUMMA, Judge.

¶ 1 John Patrick McDonagh appeals from sentences imposed after a jury convicted him of four counts of aggravated driving under the influence (aggravated DUI). McDonagh argues the fines, surcharges and assessments imposed for each of the four counts violate Arizona law because all four counts arose from the same act of driving. Because Arizona Revised Statutes (A.R.S.) section 13-*2481161 prohibits cumulative punishment for the same act, and because there is no applicable clear, contrary legislative directive, McDo-nagh’s sentences are modified to clarify that payment of…