People v. Ashton CA4/1

Filed 2/8/21 P. v. Ashton CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D077343

Plaintiff and Respondent,

v. (Super. Ct. No. SCD284179)

MARK ASHTON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Polly H. Shamoon, Judge. Affirmed in part, reversed in part.

Neil Auwarter, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Daniel Rogers and Lise Jacobson, Deputy Attorneys General, for Plaintiff and Respondent. FACTUAL BACKGROUND According to the probation report filed in this case, a law enforcement officer responded to a call of an intoxicated motorist at a Poway carwash

after an employee of the carwash reported the motorist had driven his car into a trash can. The responding officer found defendant, Mark Ashton, who appeared to be intoxicated, inside an automobile that had been reported stolen. Defendant stated that he and a friend had been drinking when they found the car at a trolley station with the keys inside; and that they drove the car to the carwash and his friend left. A field sobriety test was administered to defendant, which he failed. Two hours later, defendant’s blood reflected an alcohol level of .047 percent as well as the presence of benzodiazepines. PROCEDURAL BACKGROUND Defendant was charged by the San Diego County District Attorney with felony taking or driving a vehicle without consent in violation of Vehicle