P. v. Miranda
Around 11:20 p.m. on the night of April 4, 2007, a Sonoma County deputy sheriff observed appellant Joel Rivas-Miranda driving his vehicle on Highway 101 at approximately 45 miles per hour. The vehicle drifted over the fog line, and appellant drove for a short distance on the shoulder of the road. He reduced his speed even more as he reentered the roadway, and he drove in a pronounced weaving pattern for the next half-mile. The deputy observed other cars on the roadway attempting to avoid appellants vehicle. When the deputy initiated a traffic stop, appellant continued driving at approximately 20 miles per hour, and when he eventually came to a stop both of his passenger-side tires remained in the highway. Appellant was slumped in the drivers seat and moved very slowly. His eyes were red and watery, and the interior of the vehicle smelled strongly of alcohol. When the deputy asked for identification, appellant fumbled for his wallet and then simply handed it to the deputy, saying nothing. Outside the car, appellant walked with an unsteady gait and swayed while he talked to the deputy. He said he had consumed three or four drinks. When appellant attempted to perform a field sobriety test, the deputy had to grab him to keep him from falling. A records check revealed that appellants drivers license was suspended and he was on parole for a previous conviction for driving while intoxicated. The deputy administered a PAS test, which indicated appellants blood alcohol content was 0.22 percent, and he took appellant into custody.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, identifying no potentially arguable issues. In addition, appellant has had an opportunity to file a supplemental brief with this court, but he has not done so. Court have reviewed the entire record, and Court conclude no issue warrants further briefing. The judgment is affirmed.
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