People v. Brock12/11/2002
STATEMENT OF THE CASE
On October 4, 2001, the Kern County District Attorney filed an information in superior court charging appellant as follows: count I-- possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a)); count II--driving while intoxicated with a prior conviction for that crime (Veh. Code, §§ 23152, subd. (a), 23550.5); count III--vandalism (Pen. Code, § 594, subd. (b)(2)(A)); count IV--possessing an ounce or less of marijuana (Health & Saf. Code, § 11357, subd. (b)). As to counts I and II, the district attorney specially alleged appellant had served a prior prison term (Pen. Code, § 667.5, subd. (b)).
On October 10, 2001, appellant was arraigned, pleaded not guilty, and denied the special allegations.
On December 3, 2001, the court dismissed the prior prison term allegations on motion of the prosecutor (Pen. Code, § 1385). On the same date, the court bifurcated trial of the prior conviction allegation charged in count II and denied appellant's motion to exclude evidence of an inculpatory statement he made to police about methamphetamine.
On December 4, 2001, the jury found appellant guilty as charged in counts I, III, and IV and guilty of reckless driving (Veh. Code, § 23103, subd. (a)), a lesser related offense of that charged in count
II.
On February 26, 2002, the court conducted a sentencing hearing and determined appellant was ineligible for probation under Proposition 36 because his current misdemeanor convictions (for reckless driving and/or vandalism) were unrelated to the use of drugs. The court denied probation and sentenced appellant to a term of two years in state prison on count I and concurrent terms of 90 and 180 days in county jail on counts II and III, respectively. The court awarded 54 days of custody credits, ordered appellant to register as a narcotics offender (Health & Saf. Code, § 11590), and ordered him to pay a $100 fine as to count IV (Health & Saf. Code, § 11372.5). The court also imposed a $200 restitution fine (Pen. Code, § 1202.4, subd. (b)) and imposed and suspended a second such fine pending successful completion of parole (Pen. Code, § 1202.45).
On February 27, 2002, appellant filed a timely notice of appeal.
STATEMENT OF FACTS
Shortly after midnight on September 13, 2001, Bakersfield Police Officer Robert W. Allen, Jr. was on motorcycle patrol in a residential area when he heard the "over-revving of an engine starting to speed up." Allen, a 19-year member of the Bakersfield Police Department, looked in the direction of the sound and saw a red vehicle speeding his way. Allen had a "radar unit" in his hand and determined the vehicle was traveling at about 87 miles per hour. He "stowed" the radar unit, waited for the vehicle to pass him on Ashe Road, then got behind it and activated his emergency lights to pull the vehicle over. Allen accelerated his motorcycle up to 90 miles per hour but testified the vehicle "was still getting away from me." Allen also testified that speeds of 90 miles per hour on Ashe Road were unsafe because " t those speeds, it takes too long to stop."
The vehicle eventually pulled to the side of the road and Allen pulled up behind it. He contacted appellant, the driver of the vehicle, and asked for his driver's license. Appellant spoke to him while producing the license. Allen detected an odor of alcohol on appellant and noticed his speech was slurred. When Allen asked for appellant to step out of the vehicle, appellant slowly complied. Because appellant seemed upset, Allen called for a backup unit.
Allen attempted to conduct some field sobriety tests with appellant.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 California DUI Attorneys
DUI Lawyers
|