People v. Canady CA3

Filed 3/28/23 P. v. Canady CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C095902

Plaintiff and Respondent, (Super. Ct. No. 21FE009387)

v.

SHANON DENORIS CANADY,

Defendant and Appellant.

A jury found defendant guilty of various charges related to driving under the influence of alcohol with prior violations and found true allegations defendant had a blood-alcohol level of 0.15 percent and 0.20 percent or higher. The trial court sentenced defendant to the two-year middle term. On appeal, defendant contends: (1) there was insufficient evidence that his blood- alcohol content was 0.08 percent or higher while he was driving (Veh. Code, § 23152,

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subd. (b));1 and (2) the trial court violated his right to due process in instructing with CALCRIM No. 2111. We will affirm. I. BACKGROUND On June 1, 2021, at approximately 11:35 p.m., Officer Reynaldo Garcia-Barron witnessed defendant drive partially into an intersection from a left-turn lane, reverse direction, switch lanes, and make a right turn. In Garcia-Barron’s opinion, defendant’s maneuver created a danger to cars on his right. As defendant completed the right turn, Garcia-Barron noticed defendant’s vehicle did not have a license plate. Garcia-Barron turned on his lights and initiated a traffic stop. As he stopped his car, defendant nearly collided with a light pole. Defendant immediately exited his car and yelled at Garcia- Barron concerning the traffic stop. Garcia-Barron ordered the six-foot tall, 210-pound defendant back into his vehicle, and he did not comply with the order. While defendant was out of his car, Garcia-Barron observed defendant could not maintain his balance and had an empty 12-ounce beer bottle in his left hand. Defendant’s eyes were red and watery and he smelled like alcohol. Defendant slurred his words and admitted to drinking one beer “way earlier.” When Garcia-Barron asked about the beer in defendant’s hand, defendant stated, “I’m going down.” To determine whether defendant could perform field sobriety tests, Garcia-Barron asked defendant pre-field sobriety questions and defendant contradicted himself regarding his physical impairments. Defendant failed multiple sobriety tests, including the horizontal gaze nystagmus test and the one-legged stand. In fact, defendant performed the one-legged stand so poorly that Garcia-Barron stopped the test for defendant’s safety. Finally, Garcia-Barron asked defendant to write the alphabet and