People v. Carrillo CA6

Filed 1/21/25 P. v. Carrillo CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H050893 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C2214232)

v.

URIEL CARRILLO,

Defendant and Appellant.

Defendant Uriel Carrillo pleaded no contest to driving under the influence of alcohol with three or more prior convictions, in addition to three related charges. The trial court imposed a total term of 16 months consisting of eight months in county jail and eight months under mandatory supervision. Carrillo contends the trial court erred by denying his motion to suppress the evidence that the police obtained when they stopped his car. He argues the police lacked reasonable suspicion to make the stop. For the reasons below, we conclude this claim is without merit. We will affirm the judgment. I. FACTUAL AND PROCEDURAL BACKGROUND A. Procedural Background The prosecution charged Carrillo with four counts: count 1—driving under the influence of alcohol with three or more prior convictions (Veh. Code, § 23152,

subd. (a))1; count 2—driving under the influence with a blood alcohol level of 0.08 percent with three or more prior convictions (§ 23152, subd. (b)); count 3—operation of a vehicle by a person prohibited by court order (§ 23247, subd. (e)); and count 4—driving when his license was suspended or revoked for a prior conviction under section 23152 or section 23153 (§ 14601.2, subd. (a)). As to counts 1 and 2, the prosecution alleged Carrillo had been convicted of violating section 23152 three times within the preceding 10 years. (§ 23550.5.) Carrillo moved to suppress the evidence obtained during the police stop of his vehicle, and after a hearing, the trial court denied the motion by written order. Carrillo then pleaded no contest to each of the four counts as charged, and he admitted the allegations. The trial court imposed a total term of 16 months consisting of eight months in county jail and eight months under mandatory supervision. B. Facts of the Offense California Highway Patrol Officer Taranjit Gill testified that he and his partner were in their patrol vehicle heading southbound on U.S. Highway 101 around 1:10 a.m. when they saw a blue sedan driving in a “serpentine manner” in the Number 3 Lane. The sedan crossed the broken white lines on either side of the Number 3 Lane multiple times as the officers were driving behind the sedan. After observing the sedan for about a minute, the officers turned on their vehicle’s emergency lights to conduct an enforcement stop. Carrillo continued driving for about two and a half minutes before his car finally stopped on the right shoulder. Before stopping, Carrillo drove over the “reverse gore point”—the roughly triangular area between the solid white lines that separate the left side of a lane entering onto a highway from the right side of the highway itself. Officer Gill approached the passenger’s side window and spoke with Carrillo, who was in the driver’s seat. Carrillo said he had not had anything to drink, but he was