(Super. Ct. No. 10SCR06426)
The opinion of the court was delivered by: Hoch , J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
A jury convicted defendant Reginald Dennis Scott of driving under the influence (DUI) (count I) and driving with a blood alcohol content (BAC) of .08 percent or more (count II). Prior to trial, defendant had entered a plea of guilty to driving on a suspended license, a misdemeanor (count III), and admitted a prior DUI offense within 10 years for purposes of punishing his current offenses as felonies (Veh. Code, § 23550.5), and six prior prison term allegations (Pen. Code, § 667.5, subd. (b)) with a reservation that he could argue at sentencing whether all were applicable.
The trial court sentenced defendant to state prison for an aggregate term of seven years consisting of the upper term of three years for count I; a concurrent upper term for count II; and one year each for the prior prison terms.
Defendant appeals. Defendant contends the sentences imposed for the prior prison terms must be stricken because he was denied due process by not having a jury trial on these priors and the trial court did not make the required findings on these priors. Defendant also contends the trial court erred in failing to state the statutory bases for the $25 court processing fee and the $500 felony report fee. The People properly concede this error.
We conclude defendant admitted the prior prison term allegations but did so without waiving his privilege against compulsory self-incrimination and his rights to jury trial and confrontation. Accordingly, we reverse the prior prison term enhancements and remand for further proceedings on these allegations. We also direct the trial court to state the statutory bases for all fees, fines, and penalties imposed upon defendant. Defendant's convictions on counts I and II are affirmed.
A second amended information charged defendant with DUI (count I), driving with a BAC of .08 percent or more (count II), and driving on a suspended or revoked license, a misdemeanor (count III).*fn1 In connection with counts I and II, it was alleged defendant had sustained a May 2005 DUI conviction within the prior 10 years that had been punished as a felony within the meaning of Vehicle Code section 23550.5. It was further alleged he had been convicted of six felonies and served a prison term for each within the meaning of Penal Code section 667.5, subdivision (b). All six prior prison term allegations were prior DUI convictions (January 1991, January 1994, two on the same date in February 1994, July 2000, and May 2005).
A few days after the second amended information was filed and before trial, defense counsel indicated to the court that defendant would most likely admit the prior prison term allegations. On the first day of trial, prior to jury selection, defendant orally entered a plea of guilty to count III and admitted the prior DUI alleged in connection with counts I and II and the six prior prison term allegations as follows:
"THE COURT: All right. The Court is convening in the matter of the People of the State of California, plaintiff, versus Reginald Dennis Scott. And that's you, sir?
"THE DEFENDANT: Yes, sir.
"THE COURT: All right. This matter is scheduled for a jury trial this morning. We are meeting, in effect, in camera, and the jury is not present. This matter's scheduled for a jury trial today. I've gone over certain legal aspects with the attorneys, and I am led to believe, [defendant] that you are prepared at this point, in Count 1 and 2, to admit the prior violation of the felony driving under the influence as alleged in Count 1 and Count 2; is that correct? That is just for purposes of the jury not hearing that.
"[Defense Counsel]: He's admitting the fact of the prior conviction, your Honor.
"THE COURT: Thank you. And I also understand, as alleged in Count 2, that you are going to admit that the felony convictions, [prior prison term allegations] as outlined in Count 2, for purposes of the jury not hearing about -- those are to be admitted, correct?
"THE DEFENDANT: Yes, your Honor.
"THE COURT: Okay. So what the jury is going to hear when I admonish them will be as to Count 1 a driving under the influence, a violation of [Vehicle Code section] 23152(a) as a felony. Count 2 would be the 0.08 percent by weight of alcohol or more, which is [Vehicle Code section] 23152(b), driving under the influence as a felony. And Count 3 is going to be a violation of [Vehicle Code section] 14601.2(a), and that is that you knowingly drove a vehicle when you knew that your ...