P. v. Scott
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.
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