Crusilla

People v. Crusilla

Good Law
1999 Cal. App. LEXIS 1116·77 Cal. App. 4th 141·91 Cal. Rptr. 2d 415·99 Daily Journal DAR 12879·99 Cal. Daily Op. Serv. 10074
Court of Appeal of CaliforniaDecember 27, 1999No. D031554California3,074 words

Opinion

Lead Opinion

Huffman, J.

*144 Opinion

At the San Ysidro Port of Entry (Port of Entry) for the United States (U.S.)-Mexico border, a federal facility operated by the Immigration and Naturalization Service (INS), Kurt Crusilla was stopped by an immigration inspector and was subsequently arrested by a California Highway Patrol (CHP) officer for suspected drunk driving. After Crusilla’s pretrial motion to suppress evidence, challenging the validity of the arrest and the admissibility of evidence gained from the arrest, was denied, a jury found him guilty of one count of driving under the influence of alcohol in violation of Vehicle Code 2 section 23152, subdivision (a), and one count of driving while having a blood-alcohol concentration of .08 percent or more in violation of section 23152, subdivision (b). Following the jury verdict, the trial court found true allegations that within seven years of the commission of the charged offenses, Crusilla had suffered three prior convictions of driving under the influence within the meaning of section 23175. The trial court sentenced Crusilla to 16 months in state prison for the section 23152, subdivision (a) conviction. The trial court imposed a like term for the…

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