People v. Martinez CA4/3

Filed 9/30/15 P. v. Martinez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G050494

v. (Super. Ct. No. 12CF3099)

ANTHONY LEE MARTINEZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Kimberly Menniger and W. Michael Hayes, Judges. Affirmed. James R. Bostwick, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Peter Quon, Jr., Lise S. Jacobson, Stacy Tyler and Kimberley Donohue, Deputy Attorneys General, for Plaintiff and Respondent.

A jury convicted defendant Anthony Lee Martinez of a variety of crimes, including driving under the influence and assaulting a police officer with a deadly weapon, i.e., his car. On appeal, he contends the trial court erred in denying his motion to suppress the results of his blood test, and there is insufficient evidence to support his assault conviction. We disagree and affirm the judgment. The Suppression Motion Before trial, defendant moved to suppress the results of his blood test on the basis the test was conducted without a judicially authorized warrant. The motion was based on stipulated facts: “On October 19, 2012, at approximately 6:00 p.m., Placentia Police Officer Alcala was on duty, wearing a uniform, and driving a marked police vehicle. . . . Officer Alcala was flagged down by a passing motorist, who told him that the vehicle directly in front of him (defendant’s vehicle) had collided with his vehicle and refused to stop to exchange information. Officer Alcala pulled behind [defendant’s] vehicle to attempt a car stop in the area of Bristol and Civic Center. . . . Officer Alcala activated his emergency lights. Defendant made eye contact with Officer Alcala in his driver’s side mirror and continued traveling southbound on Bristol for about two blocks . . . . When defendant reached Santa Ana Boulevard, he turned eastbound and fled at a high rate of speed. Officer Alcala activated his siren along with his overhead rotating lights and advised [dispatch] that he was now in pursuit of the vehicle. “Defendant sped down Santa Ana Boulevard, weaving in and out of the eastbound lanes, and collided with a stop sign and a tree at the southwest corner of Santa Ana and Baker. Defendant’s vehicle then came to a rest. Officer Alcala pulled in behind defendant’s vehicle, leaving approximately ten to twelve feet between the two vehicles. . . . As [he] stepped out of his unit, with his service weapon drawn, he made eye contact