People v. Hall CA3

Filed 2/5/16 P. v. Hall CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Amador) ----

THE PEOPLE,

Plaintiff and Respondent, C077037

v. (Super. Ct. No. 13CR21087)

DALE GLEN HALL,

Defendant and Appellant.

Appointed counsel for defendant Dale Glen Hall asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) After reviewing the entire record, we order a correction to the abstract and affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY On August 28, 2013, at around 9:00 a.m., Amador County Deputy Sheriff Jeffrey Bellotti received a call from dispatch to be on the lookout for a possible drunk driver. The dispatcher reported the driver had been refused alcohol at the Deer Ridge Inn in

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Pioneer and was traveling westbound in a gold Mazda sedan. The dispatcher also relayed the Mazda’s license plate number. About 20 to 25 minutes later, Deputy Bellotti found a car matching the description parked in a supermarket parking lot. As Deputy Bellotti pulled next to the Mazda, a man entered the car and drove off. Deputy Bellotti followed the Mazda. The car was driving around the speed limit but was weaving within its lane. The Mazda crossed double yellow lines as it turned left from Highway 88 to Meadow Drive, about a mile from the parking lot. There was a break in the yellow lines at the intersection where the Mazda turned left. Deputy Bellotti initiated a traffic stop about 500 yards down Meadow Drive. He contacted the driver, defendant, who had bloodshot and watery eyes, slurred speech, and smelled of alcohol. Defendant admitted he had been drinking for about five straight days, not stopping until 3:00 that morning. His blood-alcohol level later tested at 0.29 percent. Defendant pleaded guilty to driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)),1 driving with a blood-alcohol level of 0.08 percent or more (§ 23152, subd. (b)), and driving with a suspended license (§ 14601.2, subd. (a)). He admitted four prior driving under the influence convictions within the last 10 years (§§ 23550, 23550.5) and violating his mandatory supervision in cases No. 12CR20059 and 12CR20058. The trial court sentenced defendant to serve an eight-month state prison term, consecutive to a four year eight month term imposed in two prior cases, ordered various fines and fees, and awarded 1,688 days of presentence credit (638 actual, 638 conduct, and 412 days of mandatory supervision). Defendant appeals. He did not obtain a certificate of probable cause.