People v. Schoen CA2/6

Filed 4/20/15 P. v. Schoen CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B256627 (Super. Ct. No. 2012040638) Plaintiff and Respondent, (Ventura County)

v.

RYAN ARIEL SCHOEN,

Defendant and Appellant.

Ryan Ariel Schoen appeals his conviction by jury for felony driving under the influence of alcohol or drugs (DUI) with a prior felony DUI conviction. (Veh. Code, §§ 23550.5/23152, subd. (a).) The trial court found that it was appellant's fifth DUI conviction in ten years and sentenced appellant to the upper term of three years state prison. The court also revoked probation on a 2008 felony DUI conviction (Case No. 2008041523) and sentenced appellant to a consecutive two year term. Appellant argues that he was denied the right to speedy trial. We affirm. Facts and Procedural History On December 5, 2010, Park Rangers Brian Lincoln and Katharine Wilson observed appellant driving on Las Posas Road. It was dark and raining. Appellant crossed the double yellow line and drove about 200 feet on the wrong side of the road. Appellant drifted back into his lane, drove over the fog line, and crossed over to the wrong side of the road for a couple of seconds. When Ranger Lincoln activated his siren

and red lights, appellant jerked to the side of the road, stopped abruptly, and almost caused a collision. Appellant's pupils were constricted and his speech was slow and slurred. Appellant said there was "weed" in the vehicle and he had a glass pipe and marijuana on his person. Another glass pipe with residue was in the center console and an empty bottle of Oxycotin was on the back seat. After appellant failed the field sobriety tests, a California Highway Patrol (CHP) officer arrived at the investigation scene. Ranger Lincoln told the officer that appellant was displaying all the signs and symptoms of driving impairment but was zero on the alcohol a preliminary alcohol screening device (PAS). The CHP officer took appellant's pulse, checked his pupils and symptoms, and opined that appellant was under the influence of drugs. Appellant was transported to the Ventura County Jail where he provided a urine sample that tested positive for Noradiazepan, Oxazepam, Temazepam and Alprazolam (CNS depressants), Oxycodone (an narcotic analgesic), and THC metabolite (marijuana). Before appellant was booked, California Highway Patrol Officer Robert Smith conducted a drug recognition exam (DRE) and determined that appellant was under the influence of CNS depressants and narcotic analgesics. Following the arrest, appellant was remanded to custody in another case where he was on parole. In 2013, while in parole violation custody , appellant served a 1 Penal Code section 1381 demand to bring the DUI charge to trial. After the prosecution filed a felony DUI complaint (Case No. 2010043253), appellant entered into a negotiated plea for probation and 240 days jail. The sentencing judge, however, refused to grant probation based on appellant's chronic DUI history and permitted appellant to withdraw his plea.