Nault

Filed 12/20/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B306460

Plaintiff and Respondent, Los Angeles County Super. Ct. No. PA089854 v.

ALBERIC ROLAND NAULT,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Hayden A. Zacky, Judge. Affirmed as modified. Richard B. Lennon and Jennifer Peabody, under appointments by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and David A. Voet, Deputy Attorneys General, for Plaintiff and Respondent. ____________________ After four convictions for drunk driving, Alberic Roland Nault got drunk and tried to pass an 18-wheeler on a narrow road. His pickup hit an oncoming car and killed its driver. While Nault was unconscious from the crash, police took a warrantless sample of his blood. Nault argues this violated the Fourth Amendment. We affirm but direct the trial court to stay a second sentence under Penal Code section 654. Nault…