People v. Serrato CA2/5

Good Law
Court of Appeal of CaliforniaJune 23, 2022B317235California3,386 words

Opinion

Opinion

I. BACKGROUND

A. The Offense Conduct, as Established by the Evidence at Trial In December 2018, CHP officer Brian Paxson was on patrol with a narcotics-trained dog on northbound State Route 99 in Kern County. He stopped a four-door pickup truck with a non- functioning brake light and a license plate obscured by a discolored plastic cover. Angel Alfaro (Alfaro) was driving and defendant was in the front passenger seat. Officer Paxson approached the vehicle on the passenger side. He asked Alfaro to exit the truck because it was “really loud” and he “felt like [he] was yelling.” Alfaro did not have a driver’s license and was “visibly shaking” when he gave Officer Paxson another form of identification. Alfaro said he and defendant were driving to “the store,” but he could not say which

2 one. Defendant, who also lacked a driver’s license, told Officer Paxson he and Alfaro were driving to a friend’s house, but he could not provide the address. The truck was registered to someone other than Alfaro, albeit someone who shared his last name. Officer Paxson planned to impound the truck and called for backup because he would not be able to drive defendant and Alfaro off the highway…

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