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State v. Grady

Court of Appeals of Arizona, First Division, Department D

July 30, 2013

STATE OF ARIZONA, Appellee,
v.
CHRISTOPHER DARRYN GRADY, Appellant.

Not for Publication -Rule 28, Arizona Rules of Civil Appellate Procedure

Appeal from the Superior Court in Maricopa County Cause No. CR2011-030414-001 The Honorable Jerry Bernstein, Judge Pro Tempore

Thomas C. Horne, Attorney General Phoenix By Joseph T. Maziarz, Chief Counsel Criminal Appeals/Capital Litigation Section Adele Ponce, Assistant Attorney General Attorneys for Plaintiff/Appellee.

James J. Haas, Maricopa County Public Defender Phoenix By Louise Stark, Deputy Public Defender Attorneys for Appellant

MEMORANDUM DECISION

DIANE M. JOHNSEN, Chief Judge

¶1 Christopher Darryn Grady appeals from the superior court's imposition of fines and fees resulting from his convictions of two counts of aggravated driving or actual physical control of a vehicle while under the influence of intoxicating liquor or drugs. We affirm the sentences and modify the judgment to clarify that Grady must pay only one set of fines and fees for his convictions on both charges.

FACTS AND PROCEDURAL BACKGROUND

¶2 Grady was convicted of two counts of aggravated driving while under the influence ("DUI") pursuant to Arizona Revised Statutes ("A.R.S.") section 28-1383(A)(1) (West 2013) .[1] Both counts arose out of a single incident. An individual is guilty of aggravated DUI pursuant to A.R.S. § 28-1383(A)(1) if that individual drives while under the influence while his or her license is suspended. The court sentenced Grady to concurrent terms of four months in prison for each count and placed him on supervised probation for three years.

¶3 The court also imposed the following separate, but identical, set of fines and fees for each count:

Probation Service Fee: $65 per month
Fine: $1, 380
DUI Abatement Fund: $250
Prison Construction & Operations Fund: ...

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