People v. Mendoza CA2/4

Filed 12/4/13 P. v. Mendoza CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B249422

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. 1MP12259) v.

CAROLINA ELIZABETH MENDOZA,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Georgina Torres Rizk, Judge. Reversed. Bartell & Hensel, Donald J. Bartell, and Lara J. Gressley for Defendant and Respondent. Carmen A. Trutanich, City Attorney, Debbie Lew, Assistant City Attorney, and John R. Winandy, Deputy City Attorney, for Plaintiff and Appellant.

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INTRODUCTION The People appeal from a judgment of dismissal, following an order granting respondent Carolina Elizabeth Mendoza’s motion to suppress pursuant to Penal Code section 1538.5. The People contend the trial court erred in determining that under the totality of the circumstances, the traffic officer lacked reasonable suspicion to detain respondent for violating Vehicle Code section 21658, 1 subdivision (a). We reverse.

FACTUAL AND PROCEDURAL BACKGROUND On December 2, 2011, a misdemeanor complaint was filed against respondent, charging her with violating section 23152, subdivision (a) (driving under the influence) and section 23152, subdivision (b) (driving with a blood alcohol level of .08 percent or above). After pleading not guilty, respondent filed a motion to suppress, arguing that the traffic officer lacked reasonable suspicion to detain her vehicle. At the hearing on the motion to suppress, California Highway Patrol Officer Michael Lee Walker testified that he stopped respondent’s pickup after observing the vehicle crossing the yellow painted line on two occasions within a very short time period, in violation of section 21658, subdivision (a). On the evening of October 20, 2011, Officer Walker was patrolling the westbound Interstate 10 freeway. At around 11:35 p.m., he noticed respondent’s vehicle, which was in the number one lane, closest to the concrete median barrier. The vehicle “start[ed] to weave and merge to the left into the center medi[an], traveling over the solid yellow line for approximately 30 feet before re-entering the number 1 lane. A