Gutierrez

People v. Gutierrez

Good Law
245 Cal. Rptr. 3d 143·33 Cal. App. Supp. 5th 11
Superior Court of CaliforniaFebruary 14, 2019Case No.: CR M 17-6615California2,497 words

Opinion

Lead Opinion

*145 DECISION

*13 Defendant Vincent Gutierrez appeals from the denial of his motion to suppress evidence. As the trial court erred in denying the motion, we REVERSE .

FACTUAL AND PROCEDURAL BACKGROUND

On October 25, 2017, the People filed a complaint against defendant Vincent Gutierrez, alleging two counts: Count 1, a misdemeanor violation of Harbors and Navigation Code section 655(b), operating a vessel while under the influence of alcohol or drugs; and Count 2, a misdemeanor violation of Harbors and Navigation Code section 655(c), operating a vessel at .08 percent or more.

On May 15, 2018, defendant filed a motion to suppress evidence.

At the evidentiary hearing, the following evidence was adduced:

On September 3, 2017, at approximately 5:50 p.m., Yolo County Sheriff's Sergeant Sam Machado detained the occupants of a boating vessel on the Sacramento River below the Broderick Boat Ramp in Yolo County for alleged speed-related violations of the Harbors and Navigation Code. He observed open containers in the boat and smelled the odor of alcohol coming from the boat. During this detention, Sergeant Machado made contact with defendant Vincent Gutierrez, whom he believed to be…

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