Cruz

People v. Cruz

Good Law
246 Cal. Rptr. 3d 462·34 Cal. App. 5th 764
Court of Appeal of CaliforniaApril 25, 2019F074667California3,824 words

Opinion

Lead Opinion

Detjen, J.

*766 Defendant Manuel Miramontes Cruz, Jr., was charged with driving under the influence (DUI) of alcohol within 10 years of a prior felony DUI conviction ( Veh. Code, § 23550.5, subd. (a) ; count 1), driving with a blood-alcohol level of 0.08 percent or more within 10 years of a prior felony DUI conviction ( id ., § 23550.5, subd. (a) ; count 2), driving with a suspended license ( id ., § 14601.2, subd. (a); count 3), and resisting arrest ( Pen. Code, § 148, subd. (a)(1) ; count 4). 1 His motions to suppress evidence (§ 1538.5) were denied, and he pled no contest to counts 1, 3, and 4 in return for an indicated sentence of two years in prison. 2 His subsequent motion to withdraw his plea was denied.

*767 In the published portion of this opinion, we hold that, in light of the conditions of probation to which defendant was subject when arrested, a warrantless seizure of a blood sample against defendant's wishes did not violate the Fourth Amendment. In the unpublished portion, we conclude defendant failed to establish good cause to withdraw his plea. Accordingly, we affirm.

FACTS

At 10:50 p.m. on May 2, 2016, Officer Opinski of the Merced Police Department was traveling…

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