Ashley

This appeal from an order of the Municipal Court of the Los Angeles Judicial District of Los Angeles County has been transferred to this court pursuant to rule 63, California Rules of Court, because it appears necessary to settle a new and important question of law.

Appellant was charged with driving a motor vehicle under the influence of intoxicating liquor and drugs, in violation of Penal Code section 367d, a misdemeanor. He moved to suppress as evidence a blood sample taken while he was unconscious following his arrest. The motion was denied, after which he took this appeal under the authority of subdivision (j) of Penal Code section 1538.5.

For the purpose of this appeal we assume that the blood sample was not admissible if the arrest was illegal. The sole issue argued by counsel is the legality of the arrest. Upon our examination of the record and the law we are satisfied that the appellate department of the superior court correctly decided that issue. The language which follows, and which we adopt, is taken verbatim from the opinion prepared for that court by Judge Delbert E. Wong and concurred in by Presiding Judge James G. Whyte and Judge Beach Vasey:

Following…