P. v. Serino CA4/3
A jury found defendant guilty of driving under the influence of alcohol (Veh. Code, § 23152, subd. (a); count 1) and of driving with a blood alcohol level of 0.08 percent or more (§ 23152, subd. (b); count 2). In connection with count 2, the jury found it to be true that defendant’s blood alcohol level was 0.15 percent or more. Count 3 — driving without a valid license (§ 12500, subd. (a)), and count 4 — failure to maintain insurance (§ 16028, subd. (a)), were dismissed. The court sentenced defendant to two years in state prison on count 1, and two years in state prison on count 2, to run concurrently, with count 2 stayed pursuant to Penal Code section 654. The court suspended sentence as to count 3 (notwithstanding that it had previously been dismissed).
On appeal, defendant contends the evidence against him was acquired as the result of a detention without reasonable suspicion, and that the court erred in denying his suppression motion. He also contends the blood te
Comments on P. v. Serino CA4/3