 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Valenzuela11/27/2002
STATEMENT OF THE CASE
On June 13, 2001, an information was filed in the Superior Court of Stanislaus County charging appellant Gilbert Valenzuela with count V, felony possession of a controlled substance (Health & Saf. Code, § 11377), and count VII, misdemeanor driving while under the influence of a drug (Veh. Code, § 23152, subd. (a)). Appellant pleaded not guilty.
On August 1, 2001, appellant withdrew his previous not guilty pleas, and pleaded guilty to counts V and VII, as charged. The court referred the matter for a probation report to determine if appellant was eligible for treatment pursuant to Penal Code section 1210.1 (Proposition 36).
On September 13, 2001, the probation department determined appellant was eligible for treatment under Proposition 36. On October 26, 2001, the prosecution moved for the court to find appellant ineligible for treatment under Proposition 36. On November 2, 2001, appellant filed a response.
On November 7, 2001, the court found appellant was not eligible for treatment under Proposition 36.
On December 11, 2001, the court suspended sentence and placed appellant on probation for three years, on condition of serving 60 days in jail, completing a level I driving under the influence program, and completing a level II outpatient drug program. The court stayed execution of the 60-day sentence until June 25, 2002, based on appellant's intent to appeal as to his eligibility for Proposition 36 treatment. If his appeal was not successful, the court intended to modify the terms of probation so appellant would not have to complete the level II program. The court also granted appellant's request for a certificate of probable cause.
On January 7, 2002, appellant filed a timely notice of appeal.
FACTS
On March 19, 2001, at approximately 11:40 p.m., Newman Police Officer Carlos Quiroz was on patrol when he observed a black Honda fail to completely stop at a posted stop sign. Officer Quiroz conducted a traffic stop, the vehicle pulled over, and the officer approached the driver's side window. Appellant Gilbert Valenzuela was the driver and registered owner of the vehicle, and there were two passengers. Officer Quiroz noticed appellant was "kind of slow and kind of dazed looking." Officer Quiroz conducted field sobriety tests and determined appellant was under the influence of marijuana, and placed him under arrest.
After he arrested appellant, Officer Quiroz asked the two passengers to step out of the car. Co-defendant Okang Palmer was sitting in the front passenger seat and Juan Garcia was in the back seat. He conducted patdown searches on Palmer and Garcia but did not find anything.
Officer Quiroz also conducted an inventory search of the vehicle because it was going to be impounded. He found two open beer cans in the driver's side back seat, and two plastic baggies inside the center console which contained, respectively, 6.99 grams and 7.15 grams of methamphetamine. He found a bindle containing .60 grams of cocaine in the front passenger floorboard area.
Appellant, Palmer, and Garcia were arrested and taken to the police department. Officer Jason Gosselin searched appellant and found a glass pipe inside his right shoe. Officer Brett Short also searched appellant and found a small baggie with 2.60 grams of methamphetamine inside his right sock. Appellant's urine sample tested positive for marijuana and methamphetamine.
Officer Gosselin searched Palmer and found a baggie of .89 grams of cocaine inside his right shoe. The police subsequently obtained a search warrant for Palmer's residence, and Palmer gave them the key
Page 1 2 3 4 5 6 7 8 9 10 11 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|