Ellis

People v. Ellis

Good Law
14 Cal. App. 4th 1198·18 Cal. Rptr. 2d 284·1993 Cal. App. LEXIS 368·93 Daily Journal DAR 4397·93 Cal. Daily Op. Serv. 2585
Court of Appeal of CaliforniaApril 6, 1993B069527California1,371 words

Opinion

Opinion

Vegan, J.

Donald Lynn Ellis appeals from the judgment entered following his plea of guilty to driving a motor vehicle with a blood-alcohol level of more than .08 percent with five prior convictions of driving a motor vehicle under the influence (Veh. Code, §§ 23152, subd. (b), 23175) and his admission of a prior felony conviction for which he served a separate prison term (Pen. Code, § 667.5, subd. (b)). Prior thereto, he unsuccessfully brought a suppression motion pursuant to Penal Code section 1538.5. He contends: “The suppression motion should have been granted because the detention was improper.”

“We view the evidence in the light most favorable to the order denying suppression which is required by the familiar rule governing appellate review. [Citation.]” (People v. Renteria (1992) 2 Cal.App.4th 440, 442 [ 2 Cal.Rptr.2d 925 ].) At approximately 2 a.m. on June 13, 1992, Port Hueneme Police Officer Steven Hart was on routine patrol when he saw appellant driving a Jeep Cherokee in a commercial parking lot, near a USA gas station, adjacent to Ventura Road. The jeep’s headlamps were not turned on. Hart used his overhead red lights to attract appellant’s attention to effect “. . .…

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