People v. Verboom CA4/2

statement of the case, and identifying three potentially arguable issues: (1) whether the

court abused its discretion in denying defendant’s motion to suppress; (2) whether the

court erred in failing to advise defendant he had a right not to testify; and (3) whether due

to defendant’s failure to object at trial, defendant forfeited any claim that the trial court

failed to advise him he had a right not to testify.

We offered defendant the opportunity to file a personal supplemental brief, which

he has not done. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

On October 28, 2022, the People filed an information charging defendant with

driving while under the influence of alcohol, driving a vehicle with a BAC of 0.08

percent or more, battery on a peace officer, and driving with a suspended driver’s license

2 due to having a prior driving under the influence conviction. The People additionally

alleged as to the count 1 offense that defendant had a prior conviction for driving under

the influence and as to the count 2 offense that defendant had a BAC of 0.15 percent or

higher.

On May 9, 2023, defendant filed a motion to suppress all evidence of statements

made by…