People v. Zepeda CA6

I. INTRODUCTION

After his motion to suppress evidence was denied, defendant Alfredo Mendoza Zepeda pleaded no contest to driving under the influence (DUI) with a blood alcohol level of 0.08 percent or higher within 10 years of a prior felony DUI conviction (Veh. Code, §§ 23152, subd. (b), 23550.5, subd. (a))1 and driving with a license that was suspended or revoked for a prior DUI conviction within five years of a prior conviction of section 14601.5 (§ 14601.2, subd. (a)). Defendant also admitted he had served a prior prison term (Pen. Code, § 667.5, subd. (b)). At the sentencing hearing, the trial court struck the prior prison term allegation and placed defendant on probation for three years. On appeal, defendant contends the trial court erred by failing to suppress the results of a warrantless, nonconsensual blood draw, which was conducted prior to the

1 All further statutory references are to the Vehicle Code unless otherwise indicated. United States Supreme Court decision in Missouri v. McNeely (2013) 569 U.S. __ [133 S.Ct. 1552] (McNeely). Defendant also contends that we should modify a probation condition that provides, “You shall not possess or consume alcohol or…