People v. Wyllie CA5

INTRODUCTION

Appellant and defendant Cheyenne Ray Wyllie was driving under the influence of alcohol when she crashed into a vehicle, killing two people. She entered into a plea agreement whereby she pled no contest to several crimes, including two counts of murder. The plea agreement was reached after the court denied defendant’s motion to suppress evidence found on her cell phone. Defendant appeals, contending the trial court erred in denying the motion to suppress. We affirm the judgment.

BACKGROUND

In an amended information filed on October 15, 2018, defendant was charged with two counts of murder (Pen. Code, § 187, subd. (a)),1 two counts of gross vehicular manslaughter while intoxicated (§ 191.5, subd. (a)), one count of driving under the influence causing injury (Veh. Code, § 23153, subd. (a)), and one count of driving with a blood-alcohol level in excess of 0.08 percent causing injury (Veh. Code, § 23153, subd. (b)). The final two counts each had enhancements for causing great bodily injury and driving with a blood-alcohol content in excess of 0.15 percent (§ 12022.7, subd. (a); Veh. Code, § 23578). On April 25, 2019, defendant filed a motion to suppress data obtained…