People v. Carrillo CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural Background The prosecution charged Carrillo with four counts: count 1—driving under the influence of alcohol with three or more prior convictions (Veh. Code, § 23152, subd. (a))1; count 2—driving under the influence with a blood alcohol level of 0.08 percent with three or more prior convictions (§ 23152, subd. (b)); count 3—operation of a vehicle by a person prohibited by court order (§ 23247, subd. (e)); and count 4—driving when his license was suspended or revoked for a prior conviction under section 23152 or section 23153 (§ 14601.2, subd. (a)). As to counts 1 and 2, the prosecution alleged Carrillo had been convicted of violating section 23152 three times within the preceding 10 years. (§ 23550.5.) Carrillo moved to suppress the evidence obtained during the police stop of his vehicle, and after a hearing, the trial court denied the motion by written order. Carrillo then pleaded no contest to each of the four counts as charged, and he admitted the allegations. The trial court imposed a total term of 16 months consisting of eight months in county jail and eight months under mandatory supervision. B. Facts of the Offense…