Carmona

*1388 Opinion

Paul David Carmona, Jr., and Alice Holguin appeal from their convictions for possession and transportation of controlled substances for sale. On appeal, they contend the trial court erred by denying their motion to suppress evidence, after which they changed their pleas to guilty. We agree and reverse the convictions.

FACTS

The facts adduced at the hearing on the suppression motion are not in dispute. La Habra Police Officer Nick Wilson was driving southbound on Walnut Street, after dark, going about 25 miles per hour. Walnut Street has two lanes (one each direction) and forms a “T” intersection with Olive; there is a stop sign on Olive but not on Walnut. From about 40 yards away, Wilson saw a Chevrolet sports utility vehicle (the SUV) driving northbound on Walnut (i.e., coming towards him). Wilson’s vehicle and the SUV were the only vehicles on the road at the time. When Wilson was about 55 feet away from the SUV, the SUV made a right-hand turn onto Olive Street without first using a turn signal. Although he had originally intended to continue driving straight on Walnut, Wilson made a left-hand turn onto Olive, followed the SUV, activated his emergency lights,…