Bolourchi

I. BACKGROUND

A. The Charges An information charged Bolourchi with driving under the influence of a drug with priors (§§ 23152, subd. (f), 23550, subd. (a); count 1) and bribing an executive officer (Pen. Code, § 67; count 2). Among the sentencing enhancement allegations for count 1 was a charge that Bolourchi willfully refused a peace officer’s request to submit to a chemical test and willfully failed to complete that test. (§§ 23612, 23577, 23578.) B. The Evidence Presented at Trial Officer Kevin Finerty testified as follows. In the early morning hours of September 22, 2018, while on patrol in San Rafael, Officer Finerty noticed a black Dodge Challenger with tinted front windows, obscuring the driver. Loud noises were emitting from the car’s rear exhaust. Both conditions violate the Vehicle Code. After the car rolled slowly over the crosswalk and into the middle of an intersection against a red light, Officer Finerty pulled behind it and activated his emergency lights. When the car failed to stop, he activated his siren.

3 Because we find no instructional error, we need not address the

parties’ arguments as to whether the claimed error was prejudicial.

2 With Officer Finerty…