P. v. Ahumada

Filed 8/15/06 P. v. Ahumada CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of San Bernardino County. John N. Martin, Judge. Affirmed.

Dennis L. Cava, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Barry Carlton, Supervising Deputy Attorney General, Theodore M. Cropley, Deputy Attorney General, for Plaintiff and Respondent.

Pursuant to a plea agreement, defendant pleaded guilty to unlawful driving or taking a vehicle (Veh. Code, § 10851, subd. (a)). The trial court thereafter suspended imposition of sentence and placed defendant on three years of probation on various terms and conditions. Defendant's sole contention on appeal is that the probation condition requiring him to submit to and cooperate in a field interrogation is overly broad and vague and infringes upon his Fifth Amendment right against self-incrimination. We reject this contention and affirm the judgment.

I

FACTUAL BACKGROUND^[1]

After drinking beer and smoking marijuana, defendant had an argument with his girlfriend. During this altercation, defendant pulled his girlfriend out of her vehicle, causing her to fall to the ground and sustain a minor scrape to her elbow. Defendant threatened to come back and kill her. He then drove off in her car.

II

DISCUSSION

Defendant contends the probation condition requiring him to â€