P.
P. v. Cruz CA5
Opinion
Opinion
Facts and Procedural History About 2:00 a.m. on January 20, 2012, a police officer saw defendant’s truck weave off the road and then turn the wrong way onto a freeway. The officer made a traffic stop and determined that defendant was intoxicated. A subsequent inventory search of the truck disclosed two baggies of marijuana and a digital scale in a duffel bag behind the driver’s seat. Defendant’s blood sample taken at the jail disclosed a blood alcohol level of .17. After defendant’s motion to suppress evidence and his motion for new counsel (see People v. Marsden (1970) 2 Cal.3d 118) were denied, defendant admitted one count of violation of Health and Safety Code section 11360, subdivision (a), possession of marijuana for sale, and one count of violation of Vehicle Code section 23152, subdivision (b), driving with .08 percent or more of blood alcohol, a misdemeanor, as part of a plea bargain that provided for probation. Other charges were dismissed pursuant to the plea agreement. Defendant was placed on probation, on the condition, among others, that he obey all laws and participate in a drug court program. Almost immediately, defendant tested positive for use of marijuana and…