The People v. Cruz

Opinion

NICHOLSON, J.

Defendant Michael Anthony Cruz entered a negotiated plea of no contest to driving with a 0.08 percent blood-alcohol level or higher and causing injury (Veh. Code, § 23153, subd. (b)). The trial court sentenced him to the agreed-upon term of 16 months in state prison. On appeal, he contends the imposition of $2,450 worth of fines must be reversed as having no statutory basis within the confines of the plea agreement.

The People initially agreed that remand was appropriate in this case because no statutory basis for the penal fine was specified in the plea agreement. However,…