People v. Parker CA5

Filed 10/8/20 P. v. Parker 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F077955 Plaintiff and Respondent, (Super. Ct. No. BF167373A) v.

WARREN DWAYNE PARKER, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. David R. Lampe, Judge. Matthew J. Smith, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Henry J. Valle, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, A.P.J., Poochigian, J. and Franson, J.

Appellant Warren Dwayne Parker appeals following his convictions for driving a motor vehicle while under the influence of alcohol (Veh. Code,1 § 23152, subd. (a); count 1) and driving with a blood-alcohol level of 0.08 percent or above (§ 23152, subd. (b); count 2). Appellant contends that the court improperly imposed a $50 fine during sentencing. Additionally, appellant requests we conduct a Pitchess2 review in this case. For the reasons set forth below, we modify the judgment and affirm. FACTUAL AND PROCEDURAL BACKGROUND In January 2017, Bakersfield Police Department Sergeant Keli Paulk was conducting routine patrols when she observed a green Ford Mustang run a red light. Paulk attempted to initiate a traffic stop, but the car failed to immediately yield. After a short pursuit, in which the Mustang struck multiple parked cars, the Mustang stopped in a parking lot. Paulk illuminated the car with her spotlight, called for backup, and attempted to keep an eye on the Mustang. She claimed she observed no one enter or exit the car during that time. Ultimately, Paulk stated she observed appellant exit the car from the passenger side. Bakersfield Police Officer Eli Brown responded to Paulk’s call for backup. Brown approached the green Mustang and located appellant in the passenger seat. There was nobody in the driver seat. Brown observed appellant and noticed signs of intoxication. Appellant initially denied driving the car, but changed his story when Brown told him Paulk had not seen anyone else exit the car. Brown asked appellant whether he had been drinking and why he had run the red light. Appellant confessed to having one or two beers and claimed he ran the light because it takes too long. After administering a field sobriety test, Brown arrested appellant. Subsequent testing placed