P. v. Jones

Filed 8/24/06 P. v. Jones CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

THIRD APPELLATE DISTRICT

(Sacramento)

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A jury convicted defendant George Jones of driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)), driving with a blood alcohol percentage of 0.08 or higher (Veh. Code, § 23152, subd. (b)), and driving on a suspended or revoked license (Veh. Code, § 14601.2, subd. (a)). The trial court found true allegations that defendant had three prior convictions for driving under the influence of alcohol (Veh. Code, § 23550.5) and had served three prior prison terms (Pen. Code, § 667.5, subd. (b)). Defendant was sentenced to six years in prison.

Defendant's sole contention on appeal is that the trial court abused its discretion by denying his motion to discover police officer records. We disagree and shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

According to California Highway Patrol Sergeant Braderick Qualls, on July 3, 2003, at about 6:25 p.m., he saw a vehicle driven by defendant straddling the fog line on the Broadway on-ramp to southbound Highway 99. The vehicle was swerving, almost hitting the sound wall. Sergeant Qualls pulled over defendant's vehicle, and defendant immediately exited his car. Defendant â€