People v. Delatorre CA6

FACTS

On November 21, 2013, at approximately 12:30 a.m., California Highway Patrol (CHP) officers Rosendo Hernandez and Michael Orta were on patrol, driving southbound on U.S. Highway 101 in Prunedale, when they saw a metal pipe in the road blocking the number two (slow) lane. The officers stopped and removed the pipe from the highway. Officer Hernandez then saw a pick-up truck with a trailer and a recreational vehicle (RV) stopped south of his location, in the merge lane from southbound Highway 101 to westbound Highway 156. The RV was stopped at a 45 degree angle across the lane with its right front corner resting on the concrete guardrail. The pipe the officers found on the freeway was part of the RV’s awning. The rest of the awning was “dragging on the asphalt” and there was debris from a broken taillight in the merge lane. Officer Hernandez observed damage to the right side and right front corner of the RV. The officers pulled their patrol car forward. As Officer Hernandez got out of the patrol car, he saw defendant exit the driver’s side door of the RV. Defendant walked toward the pick-up truck. The officer noticed that defendant was “unsteady on his feet,” stumbling and…