People v. Vasquez CA6

Filed 8/25/20 P. v. Vasquez CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H047580, H047670 (Monterey County Plaintiff and Respondent, Super. Ct. No. 18CR010905)

v.

URSINO OLIVERA VASQUEZ,

Defendant and Appellant.

On November 15, 2018, around 2:25 p.m., an officer of the California Highway Patrol stopped a car after receiving a report that it was weaving in and out of traffic lanes on Highway 101.1 The driver, who was later identified as appellant Ursino Olivera Vasquez, told the officer his name was Pablo Melo Olivera. He had the odor of alcohol on his breath, appeared unsteady on his feet, and spoke with slurred speech. The officer determined Vasquez was driving under the influence of an alcoholic beverage, conducted an inventory search of the vehicle, and located papers with the name “ ‘Ursino Vasquez’ ” on them. Vasquez confirmed that this was his true name. The officer performed breath tests on Vasquez that indicated that his blood alcohol level was .24 percent and .25 percent. Investigation revealed that Vasquez’s license was

1 These facts are taken from Vasquez’s probation report.

suspended, and he had suffered three prior convictions for driving under the influence. In addition, Vasquez had been ordered to install an ignition interlock device on his car, but the vehicle he was driving had no such device. On January 31, 2019, Vasquez was charged by information with felony driving under the influence of alcohol or drugs (DUI) with three prior convictions (Veh. Code, § 23152, subd. (a)2; count 1) and an enhancement of having a blood alcohol concentration of .15 percent or more (§ 23578); driving with a blood alcohol level of .08 percent or more with three priors (§ 23152, subd. (b); count 2) and an enhancement of having a blood alcohol concentration of .15 percent or more (§ 23578); misdemeanor driving when his driving privilege was suspended for a prior DUI conviction (§ 14601.2, subd. (a); count 3); misdemeanor operating a vehicle without a functioning ignition interlock device (§ 23247, subd. (e); count 4); and misdemeanor giving a false name to a police officer (Pen. Code, § 148.9, subd. (a); count 5). Pursuant to a written plea agreement, on March 21, 2019, Vasquez pleaded no contest to count 1 and admitted an allegation under section 23550. The plea agreement provided that he would receive felony probation and serve up to one year in the county jail as a condition of probation. Vasquez did not waive his appellate rights in the plea agreement. On April 18, 2019, the trial court suspended imposition of sentence and placed Vasquez on formal probation for a period of five years. The trial court ordered a number of conditions of probation, including that Vasquez serve 250 days in the county jail; totally abstain from the use of alcoholic beverages; not purchase or possess alcoholic beverages; and obey all laws.3 The trial court imposed a variety of fines and fees and