People v. Hunter CA5

Filed 9/24/15 P. v. Hunter CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F069124 Plaintiff and Respondent, (Super. Ct. No. BF151583A) v.

LEROY DEWITT HUNTER, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael G. Bush and Colette M. Humphrey, Judges.† Lynette Gladd Moore, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Stephen G. Herndon and Harry Joseph Colombo, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Kane, J. and Smith, J. † Judge Bush presided over appellant’s motion to suppress; Judge Humphrey presided over appellant’s sentencing hearing.

INTRODUCTION On November 21, 2013, defendant was charged with driving under the influence (count 1; Veh. Code, § 23153, subd. (a)), driving with a blood alcohol content of 0.08 percent or more, causing bodily injury (count 2; § 23153, subd. (b)), driving under the influence within 10 years of three or more convictions for driving under the influence (count 3; §§ 23152, subd. (a), 23550), driving with a blood alcohol content of 0.08 percent or more within 10 years of three or more convictions for driving under the influence (count 4; §§ 23152, subd. (b), 23550), felony driving under the influence with prior convictions (count 5; §§ 23152, subd. (a), 23550.5), felony driving with a blood alcohol content of 0.08 percent or more with prior convictions (count 6; §§ 23152, subd. (b), 23550.5), and driving with a suspended license (count 7, § 14601.2, subd. (a)). The information also alleged two prior strikes and a number of sentencing enhancements, including three prior prison term enhancements. Prior to trial, defendant filed a motion to suppress the results of a nonconsensual blood alcohol screen, on the grounds it had violated his Fourth Amendment right to be free from unreasonable search and seizure. Following a hearing, the trial court denied the motion, finding that defendant’s status as a parolee made him subject to nonconsensual blood draw. Defendant then pled no contest to counts 2 and 7, and admitted his two prior strikes and one prior prison term enhancement. The remaining charges and enhancements were dropped, and the trial court struck one prior strike in the interests of justice. Defendant was sentenced to an aggregate term of seven years in prison. On appeal, defendant argues the trial court erred by denying his motion to suppress, as the nonconsensual blood draw violated his Fourth Amendment rights. We affirm.