People v. Escobar CA1/3

Filed 12/17/25 P. v. Escobar CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A172325 v. RUTILIO ESCOBAR, (Mendocino County Super. Ct. No. 24CR03864) Defendant and Appellant.

Defendant Rutilio Escobar appeals a judgment entered upon his plea of no contest to seven counts resulting from two instances in which he drove under the influence of alcohol. His counsel has filed an opening brief raising no issues and asking this court for an independent review of the record. (People v. Wende (1979) 25 Cal.3d 436.) Defendant has been apprised of his right personally to file a supplemental brief, but he has not done so. Allegations Against Defendant Defendant was charged by information with felony evading a peace officer (Veh. Code, § 2800.2, subd. (a); count 1);1 felony driving in the wrong direction while evading a peace officer (§ 2800.4; count 2); two counts of misdemeanor driving under the influence of alcohol (§ 23152, subd. (a);

1 All undesignated statutory references are to the Vehicle Code. All rule references are to the California Rules of Court.

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counts 3 & 6); two counts of misdemeanor driving with .08 percent or more of blood alcohol (§ 23152, subd. (b); counts 4 & 7); and misdemeanor driving with a license suspended for refusing a chemical test (§ 14601.5, subd. (a); count 5). Counts 1 through 5 were alleged to have taken place on April 6, 2024, and counts 6 and 7 were alleged to have occurred on January 19, 2024. As to all causes of action, the information alleged two prior offenses: that defendant was convicted of misdemeanor “wet reckless” driving (§§ 23103/23103.5, subd. (a); 23540) in 2017, and that he was convicted of misdemeanor driving under the influence of alcohol (§ 23152, subd. (b); § 23546, subd. (a)) in 2016. As to counts 6 and 7, the information alleged defendant had a blood alcohol content of 0.15 or higher (§ 23578) and that he willfully refused to submit to a chemical test (§ 23612, subd. (a)(1)(A)). The information also alleged five possible circumstances in aggravation: that the crimes involved a threat of great bodily harm (rule 4.421(a)(1)); that consecutive sentences could be imposed (rule 4.421(a)(7)); that the crime involved planning (rule 4.421(a)(8)); that defendant’s prior convictions were numerous or of increasing seriousness (rule 4.421(b)(2)); and that defendant’s prior performance on probation or other supervision had been unsatisfactory (rule 4.421(b)(5)). Evidence of Counts 1 through 5 Evidence at the preliminary hearing showed that on April 6, 2024, a police officer saw a Chrysler Sebring being driven erratically and “jerk[ily].” The officer began to follow the car and activated his patrol vehicle’s lights. The driver of the Chrysler, identified as defendant, made an excessively wide right turn onto another street, nearly striking a fence and facing oncoming traffic. The officer continued to follow and activated his siren, but defendant did not stop. He made another right turn that was so wide his car again