Bulk Scanned Documents

Cal. Super. - 6th Dist.January 31, 2018

NAME OF COUNSEL DATE AND TIME DEPT. APPEAR THIS DATE A DISPOSITION ,- ' I A NOV $92017 JD a, agri_ A 5%C 6641 REV 7/98 JUDGE’S NOTES DATE AND TIME DEPT. A:PAE:ERO: ISO:::E DISPOSITION AUG 25 2m? {ML ' WV) $7, 247 £7 w/ \ " Y“ _ W [WSEP mm am - , (OKAY 42w) m "37'": (LN ~€ 00>]WA “ [(/30% 25 M Maw?" pill ‘ocmmw 1/ i, fl 66 IUDGE'S NOTES Q l ' ‘ l “ CASE NO. CJIC DC'I LAB RESULTS ~ w fig m f;w” JUDGE’S NOTES u m m w KTHE PEOPLE OF THE STATE OF CALIFORNIA, VS. W DISCOVERY CHECKLIST DATE JUDGE’S INITIALS .Ilw‘gn ‘1xxl..‘ ‘- ‘I‘x a "H51 t‘I) DISCOVERY RECEIVED AMOUNT OF COSTS WARRANT ISSUED DEFENDANT COMPLAINT POLICE AKA ‘ DOB CEN AGENCY SUPPLEMENTAL ' ' v "I "“‘ "3 ‘3 T" "" ”‘3 LABORATORY COMPLAINT FILED VIOLATION DATE STATEMENT OF COSTS FILED :e. :t. 03:33:23 :i. (a ma! 3. 53:17:43 :1. 5.; C" RAP SHEET LOCAL CJIC RAP SHEET DATE: TO‘ DMv PRINTOUT WARRANT BAIL JUDGE mtg) .t (23:13 DISCOVERY RELEASED WARRANT RECALLED AMENDED COMPLAINT FILED: . WARRANT FILED DATE ML ‘ M 6* NOTICE 0F INELIGIBILITY FILED: NOTICE 0F ELIGIBILITY RECEIVED: t b) DATE DATE DVPo EXPIRATION DATE P0977 DATE DATE/ BOND# / SURETY, DATE BAIL FORFEITURE JSUUDRQIQAEIYT TIME To CASH, 0/R POSTED/ AMOUNT FORFEITED SET ASIDE/ ELIGIBLE EXONERATED APPEAR RELEASE FILED REINSTATED "ENTERED- i 2i z’ Ii. 51v f F?.C‘ 1 6:: L-‘J F’ _____ izfinwm hat ----- ¥ DATE AND TIME DEPT. NAME OF COUNSEL DISPOSITIONAPPEAR HIS DATEWWfl"W? ./I\/. r1“” 14 015DtC Z U4 I 1 x , , , r??? - 1MW 69 35w 1 Mn L 644w: ”(7, 5;“, Dyy 1 - r x61W M1319 l V 0 a/‘Z 7252/Q 3’31““ (4W APR «=7 2017 ‘Ifl é» ?flwfie 7‘ \> k5 JUN ~25 2017 JUDGE’S NOTES FORM 4569 A FlEV 05/03 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA PALO ALTO COURTHOUSE THE PEOPLE 0F THE STATE 0F CALIFORNIA, 3/5 J73? 79 Z Plaintiff, MISDEMEANOR COMPLAINT DA NO: 161024460 VS. GEN: 16037160 RONALD DARREN QUINTERO (04/12/1990), 440 IRVINGTON ST DALY CITY CA 94014 RDQ CR 12/14/2016 Defendant(s). BREATH 0.16 F g Em Nov M 2016 The undersigned is informed and believes that: DAV H. Y MASAKl c Exam xoer/clerk lamfl“ ” ‘ . DEPUTYCOUNT 1 BYT ', , On or about September 18, 2016, in the County of Santa Clara, State of California, the crime of DRIVING UNDER THE INFLUENCE OF ALCOHOL, in Violation ofVEHICLE CODE SECTION 4 23 152(a), a Misdemeanor, was committed by RONALD DARREN QUINTERO who did drive a vehicle While under the influence of alcohol. Pursuant t0 Vehicle Code section 23593: "You are hereby advised that being under the influence 0f alcohol 0r drugs, or both, impairs your ability t0 safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive While under the influence of alcohol 0r drugs, or both. Ifyou continue t0 drive While under the influence of alcohol or drugs, 0r both, and, as a result 0f that driving, someone is killed, you can be charged With murder. " (CJIC-VEH, JRS-NW) It is further alleged that in the commission 0f the offense charged above, the defendant‘s blood alcohol level was 0.15 percent and more by weight, Within the meaning of Vehicle Code section 23578. m x . . .. . COUNT 2 On or about September 18, 2016, in the County of Santa Clara, State of California, the crime 0f DRIVING WITH A BLOOD ALCOHOL LEVEL OF 0.08 OR MORE, in violation ofVEHICLE CODE SECTION 23 152(b), a Misdemeanor, was committed by RONALD DARREN QUINTERO Who did drive a vehicle While having 0.08 percent and more, by weight, 0f alcohol in his or her blood. Pursuant t0 Vehicle Code section 23593: "You are hereby advised that being under the influence of alcohol or drugs, or both, impairs your ability t0 safely operate a motor vehicle. Therefore, it i-s extremely dangerous to human life to drive while under the influence 0f alcohol 0r drugs, or both. Ifyou continue t0 drive While under the influence of alcohol or drugs, or both, and, as a result of that driving, someone is killed, you can be charged With murder." (CJIC-VEH, JRS-NW) It is fufiher alleged that in the commission of the offense charged above, the defendant's blood alcohol level was O. 1 5 percent and more by weight, Within the meaning of Vehicle Code section 23578. DISCOVERY REQUEST Pursuant to Penal Code sections 1054 through 1054.7, the People request that, Within 15 days, the defendant and/or his/her attorney disclose: (A) The names and addresses ofpersons, other than the defendant, he/she intends to call as Witnesses at trial, together with any relevant written or recorded statements of those persons, or reports ofthe statements 0f those persons, including any reports 0r statements of experts made in connection With the case, and including the results ofphysical or mental examinations, scientific tests, experiments, or comparisons Which the defendant intends t0 offer in evidence at the trial; (B) Any real evidence Which the defendant intends t0 offer in evidence at the trial. This request is a continuing request, to cover not only all such material currently in existence, but all material Which comes into existence to the conclusion of this case. Further, attached and incorporated by reference are official reports and documents of a law enforcement agency which the complainant believes establish probable cause for the pretrial restraint of defendant RONALD DARREN QUINTERO, for the above-listed crimes. Complainant therefore requests that the defendant(s) be dealt With according to law. I certify under penalty ofperjury that the above is true and correct. Executed on October 21, 2016, in SANTA CLARA County, California. PLq Lym- (4935 fl, B1ake15586 \ (Eckford 15612) SDPs (408) 730-7101 166813 SDPs HAMILTON/ D453/ MISDEMEANOR/ RX COURT'S COPY City of Sunpyvale Department of Public Safety i NOTICE TO APPEAR ufi'raffic Date of Violation Time M5 \ol @404 DayofWeekTWT F S ?”an 492748 [ELI-é )I'rt. 1 Name (First, Middle, Last 6-3 [1 Own‘ers Responsibility (VehT'Eode, § 40001)@0 \N‘TE AddressL‘qo \Q V\Néw $0...X City St te #0 deDmv‘i CATV CA 4’9 1L} Driver Lic. State Class C ercial Age I Binh Da'te 0(\ 37% (TA k. esl Non L1 / ‘z/QQ Sex |£ Hair udgfé |H69h? l eight ace l nJuvefiile I ho # Veh. Lic. No IVIAQ $tate décEMMERCIAL VEHICLEKWVi/b $4; (Veh. Code § 15210(b)) of eh. Make odel Bod Style Color D HAZARDOUS MATERIAL ) § ) WAIVER 0F DEPOSIT ) ) ) ) Plaintiff, vs. RONALD DARREN QUINTERO, ON APPEAL Defendant. ---oOo--- I, WENDY C. WACHHORST, CSR 12290, OFFICIAL COURT REPORTER, HEREBY STATE THAT PURSUANT TO REQUEST FOR APPELLANT FOR PROCEEDINGS HELD ON AUGUST 25, 2017, WAIVE DEPOSIT OF ESTIMATED COSTS. DATED: MARCH 4, 2018 W N ng'WACHHORST, RPR, CSR 12290 WENDY WACHHORST, CSR 12290 51mm)“ Qtnurt nf Qtalifurm’a County of Santa Clara Appeals Division ~ Limited Jurisdiction 191 North First Street San Jose, California 951 13 Date: December 29, 2017 To: ASHLEY PROXMIRE #13664 WENDY WACHHORST Re: People v. RONALD DARREN QUINTERO Case Number: 81688942 Enclosed is a form entitled Estimated Cost for Preparing Transcript on Appeal or Electronic Recording with attachment. Please acknowlege receipt of this notice by signing and dating the lower left corner of the attachment and return an original to DTS ~Appeals Division, Attn: Misdemeanor Appeals Desk, 191 N. First Street, San Jose, CA 951 13. Within 5 days of receipt of this packet, please send a copy of the Estimated Cost of Preparing Court Reporter's Transcript or Electronic Recording to appellate counsel and the completed original form to “DTS Misdemeanor Appeals Desk." If appellate counsel fails to deposit the entire fee with you within 10 days of mailing of the Estimated Cost, please send a Statement re Non-Receipt of Fees notice to DTS Misdemeanor Appeals Desk. The Non-Receipt of Fees notice will record the cause 0f the delay in filing the Reporter's transcripts. Please call the Appeals division at (408) 882-2470, if you have any questions. From: WWW U. CABALLERO , DEPUTY CLERK IN THEgUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA THE PEOPLE OF THE STATE OF CALIFORNIA, V. PLAINTIFF, CASE NUMBER: B1 688942 RONALD DARREN QUINTERO vvvv'vvv MISDEMEANOR DEFENDANT. ESTIMATED COST FOR PREPARING TRANSCRIPT ON APPEAL TO. OR ELECTRONIC RECORDING ' BERKELEY,CA 94710 FRANCESCO 'ODREGUEZ 2703 7TH ST., #21 5 Please be advised ‘that your notice to prepare the Reporter's Transcript on Appeal has been received by the: [ ] Court Reporter (written transcript to be prepared) [ ] Electronic Recorder (copy of electronic recording to be prepared @ $10.00 per CD) The estimated cost for preparing the transcript or copy of the electronic recording on appeal is$ Payment must be submitted within 10 days of mailing of this notice. Preparation of the transcript or recording copy will begin upon receipt of payment and mailed to you once the case has been certified to the Appellate Division. Please make a check payable to: [ ] Reporter Mail to: [ ] Superior Court: mail to: Attn: Misdemeanor Appeals. 191 North FirstStreet, San Jose,,CA 951 13; (Note to Reporter/Legal Process Clerk: Please return the original of this notice to the Appeals Division and give a copy to appellate counsel noted above.) CERTIFICATE 0F MAILING I CERTIFY THAT I AM NOT A PARTY TO THIS CAUSE AND THAT A TRUE COPY OF THIS DOCUMENT WAS MAILED FlRST CLASS POSTAGE FULLY PREPAID IN A SEALED ENVELOPE ADDRESSED AS SHOWN ABOVE AND THE DOCUMENT WAS MAILED AT , CA, ON . l DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. BY: REPORTER/LEGAL PROCESS CLERK THE PEOPLE OF THE STATE OF CALIFORNIA, PLAINTIFF(S), v. ‘ RONALD DARREN QUINTERO CASE NUMBER(S); 31688942 MiSDEMEANOR DEFENDANT(S). ATTACHMENT TO ESTIMATED COST FOR MISDEMEANOR APPEALS (Please note: This is not a notice to prepare transcripts.) 1 1 ‘ A Notice of Appeal was filed in this gffice o December 19, 2017 ‘Estimates are needed for the followmg dates: DATE PROCEEDING REPORTER JUDGE I 2/1 7 (AM) OTIONS PROXMIRE #1 3664 STAFFORD 17' P ' RDER " " 5/1 7 OTION TO SUPPRESS NDY WACHHORST " " \ 1/30/17 ENTENCING CORDER EROME S. NADLER Please provide an estimate of the dates listed above to the party listed on the form ESTIMATED COST FOR PREPARING TRANSCRIPT ON APPEAL/ELECTRONIC RECORDING. Please also sign and date the acknowledgment of receipt below am return a copy to the Appeals Division at DTS. Thank you. Copy of this Notice is mailed or delivered to the above-named Reporter(s) on thiémnber 29, 2017, (The Notice of Appeal was received by the Appeal’s Deskféecember 21, 2017 ‘--‘--- Receipt of a copy of the above notice is hereby acknowledged on (Date) Page 1 ofl Court Reporter éupm’nr Qtnurt uf QEaIifnrm’a County 0f Santa Clara Appeals Division - Limited Jurisdiction 191 North First Street San Jose, California 951 13 Date: April 3,2018 To: ASHLEY PROXMIRE #13664 WENDY WACHHORST #12290 Re: People'v. RONALD DARREN QUINTERO Case‘Number: 81688942 Enclosed is a form entitled Estimated Cost for Preparing Transcript on Appeal or Electronic Recording with attachment. Please acknowlege receipt of this notice by signing and dating the lower left corner of the attachment and return an original to DTS -Appeals Division, Attn: Misdemeanor Appeals Desk, 191 N. First Street, San Jose, CA 951 13. Within 5 days of receipt of this packet, please send a copy of the Estimated Cost of Preparing Court Reporter’s Transcript or Electronic Recording to appellate counsel and the completed original form t0 "DTS Misdemeanor Appeals Desk." If appellate counsel fails to deposit the entire fee with you within 1O days of mailing of the Estimated Cost, please send a Statement re Non-Receipt of Fees notice to DTS Misdemeanor Appeals Desk. The Non-Receipt of Fees notice will record the cause of the delay in filing the Reporter's transcripts. Please call the Appeals division at (408) 882-2470, if you have any questions. From: WWO L'J. CABALLERO , DEPUTY CLERK IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA THE PEOPLE OF THE STATE OF CALIFORNIA, CASE NUMBER: 81688942 V_ PLAINTIFF, RONALD DARREN QUINTERO MISDEMEANOR DEFENDANT. ESTIMATED COST FOR PREPARING TRANSCRIPT ON APPEAL TO_ OR ELECTRONIC RECORDING FRANCISCO RODRIGUEZ 3|? 2703 7TH ST., #215 " BERKELEY, CA 94710 Please be advised that your notice to prepare Vthe Reporter's Transcript on Appeal has been received by the: [ ] Court Reporter (written transcript to be prepared) [ ] Electronic Recorder (copy of electronic recording to be prepared @ $10.00 per CD) The estimated cost for preparing the transcript or copy of the electronic recording on appeal is$ Payment must be submitted within 1O days of mailing of this notice. Preparation of the transcript or recording copy will begin upon receipt of payment and mailed to you once the case has been certified to the Appellate Division. Please make a check payable to: [ ] Reporter Mail to: [ ] Superior Court: mail to: Attn: Misdemeanor Appeals. 191 North First Street, San Jose, CA 951 1 3; (Note to ReporterlLegal Process Clerk: Please return the original of this notice to the Appeals Division and give a copy to appellate counsel noted above.) CERTIFICATE OF MAILING l CERTIFY THAT l AM NOT A PARTY TO THIS CAUSE AND THAT A TRUE COPY OF THIS DOCUMENT WAS MAILED FIRST" CLASS POSTAGE FULLY PREPAID IN A SEALED ENVELOPE ADDRESSED AS SHOWN ABOVE AND THE DOCUMENT WAS MAILED AT , CA, ON . I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. BY: REPORTER/LEGAL PROCESS CLERK THE PEOPLE OF THE STATE OF CALIFORNIA, PLAINTIFF(S), V. RONALD DARREN QUINTERO CASE NUMBER(S); 81688942 MISDEMEANOR DEFENDANT(S). *AMENDEDfiE ATTACHMENT TO ESTIMATED COST FOR MISDEMEANOR APPEALS (Please note: This is not a notice to prepare transcripts.) A Notice of Appeal was filed in this office o December 19, 201 7 ‘ Estimates are needed for the following dates: DATE PROCEEDING REPORTER - JUDGE 2/1 7 OTIONS PROXMIRE #1 3664 STAFFORD 17 OTION TO SUPPRESS ENDY WACHHORST " " 1/30/17 ENTENCING CORDER EROME S. NADLER *** REMOVED RECORDER FOR 06/02/17 *** Please provide an estimate of the dates listed above to the party listed on the form ESTIMATED COST FOR PREPARING TRANSCRIPT ON APPEAL/ELECTRONIC RECORDING. Please also sign and date the acknowledgment of receipt below am return a copy tovthe Appeals Division at DTS. Thank you. Copy of this Notice is mailed or delivered to the above-named Reporter(s) on thisfimfla, 2018 , (The Notice of Appeal was received by the Appeal's DeskDfinember 21, 201 7} --"""“ Receipt of a copy of the above notice is hereby acknowledged on (Date) Page 1 ofl Court Reporter . I .4 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA' DOWNTOWN COURTHOUSE 191 NORTH FIRST STREET x: SAN JOSE, CALIFORNIA 95113 A. u ENDEQRSI‘EFZQQ CIVIL DIVISION " [Kn Elfin .. FEB a Palo Alto Facility - Criminal ’ 5 2mg Santa Clara County Superior Court Clerk Of the Court 191 N First ST Superior Coun of CA County of Santa Clara San Jose CA 95113 BY DEPUTY M, RE: People vs Ronald Darren Quintero 50mm Case Number: 18AP002298 l B1688942 PROOF OF SERVICE Order for preparation of transcripts was delivered to the parties listed below the above entitled case as set forth in the sworn declaration below. If you, a party representgd by you, or a witness to be called on behalf of that party need an accommodation under the American with Disabilities Act, please contact the Court Administrator’s office at (408) 882-2700, or use the Court’s TDD line (408) 882-2690 or the Voice/TDD California Relay Service (800) 735-2922. DECLARATION OF SERVICE BY MAIL: I declare that I served this notice by enclosing a true copy in a sealed envelope, addressed to each person whose name is shown below, and by depositing the envelope with postage fully prepaid, in the United States Mail at San Jose, CA on February 05, 2018. CLERK OF THE COURT, by Maria Scrum, Deputy. cc: Francisco J Rodriguez 2703 7th St #215 BERKELEY CA 94710 Jen Jiang District Attorneys Office 70 West Hedding West Wing 6th Floor San Jose CA 951 1O CW-9027 REV 12/08/16 PROOF OF SERVICE a a ORDER 1 2 3 _ SUPERIOR COURT 0F CALIFORNIA FEB “ 5 2013 4 COUNTY 0F SANTA CLARA swag bis: Eeurri‘ogcéitggfifig‘ifi cm 5 APPELLATE DIVISION BY ' DEPUTY 6 $5; 3%??? 7 PEOPLE OF THE STATE OF CALIFORNIA, Case No. 2018-AP-002298 8 Plaintiff and Respondent, Trial Ct. No. B1688942 9 V. 10 RONALD QUINTERO, ORDER 11 Deiendant and Appellant. 12 13 IT IS ORDERED that the clerk of the Court is to immediately comply With rules 8.864- 14 8.868 concerning notices to court reporters and preparation 0f the oral transcript of proceedings 15 and t0 provide copies of any such transcripts to Appellant’s attorney. Appellant’s counsel will 16 pay the trial. court clerk’s office for the reporter’s transcript (s) upon receipt 0f the court fl 17 ~ Eeporwteké éétftfiéte ofcgogts-f-o} thétranscript. ‘ a M a ~ W- ME mu“ F.“ 18 IT IS FURTHER ORDERED that the record (s) in the above-entifled matter is (are) to 19 be certified no later than 20 days from the date that this order is received. (Cal. Rules 0f Court, 20 rule 8.866, subd. (d).) 21 22 W m WM” ____ W _m__*fl______» mm” ”v 23 o L‘i‘ ' oshua Weinstein r sidingludgerAppellatellixision 24 1’ /7 25 26 ~ » Honorabié' Helen E. Williams 27 Judge, Appellate Division 28 ME FOREGOING {NSTRUMENT IS NA CORRECT COPY OF THE ORIGI AL 0N FILE IN THis OFFICE Arrest: K FEB “ 5 2018 IN THE SUPERIOR COURII. THE STATE OF CALIFORNIA G IN AND FOR THE COUNTY OF SANTA CLARA PLAINTIFF: THE PEOPLE OF THE STATE OF CALIFORNIA DEC 2 9 2017 (Shark of the Court Superior /oun .f» AI? I ty of Santa Clara DEFENDANT: RONALD DARREN QUINTERO BY“ «J Cuba!v 2:» 0 MISDEMEANOR NOTICE OF FILING NOTICE OF APPEAL CASE NUMBER: 31688942 (APPELLATE DIVISION) PLEASE TAKE NOTICE THAT A NOTICE 0F APPEAL FROM THE JUDGMENT ENTERED 0N 08/25/1 7 & 11/30/17 IN THE ABOVE-ENTITLED ACTION WAS FILED IN THIs OFFICE 0N DECEMBER 19, 2017 . THE DEFENDANT WAS REPRESENTED BY APPOINTED COUNSEL: D Yes No CLERK'S CERTIFICATE OF MAILING l CERTIFY THAT l AM NOT A PARTY TO THIS CAUSE AND THAT A TRUE COPY OF THIS DOCUMENT WAS MAILED FIRST CLASS POSTAGE FULLY PREPAID IN A SEALED ENVELOPE ADDRESSED AS SHOWN BELOW AND THE REBECCA FLEMING’ COURT CLERK DOCUMENT WAS MAILED AT SAN JOSE, CALIFORNIA 0N DECEMBER 29, 2017 . BY: WM U. CABALLERO DEPUTY CLERK APPELLATE DIVISION SUPERIOR COURT 0F CALIFORNIA 191 N. FIRST STREET SAN JOSE, CA 9513 FRANCISCO RODRIGUEZ 2703 7TH ST., #215 BERKELEY, CA 94710 D. D. A. 70 W. HEDDING STREET y W. WING, 6TH FLOOR SAN JOSE, CA 95110 ‘44 L x m a Notice of Appeal (Misdemeanor) 'CR-1 32 Q Instructions o This fonn is only for appealing in a misdemeanor case. You can get other forms for appealing in a civil or infiaction case at any coulthouse or county law library or online at www.courts.ca.gov/forms. ° Before you fill out this form, read Information on Appeal Proceduresfor Misdemeanors (form CR-131-INFO) to know your rights and responsibilities. You can get form CR-13 1-INFO at any courthouse or county law library or online at www.courts.ca.gov/forms. - You must file this form no later than 30 days after the trial court issued the judgment or order you are appealing (see rule 8.853(b) ofthe California Rules ofCoufl for very limited exceptions). If your notice of appeal is late, the court will not take your appeal. - Fill out this form and make a copy of the completed form for your records. o Take or mail the completed form to the clerk’s office for the same trial court that issued the judgment or order you are appealing. It is a good idea to take or mail an extra copy to the clerk and ask the clerk to stamp it to show that the original has been filed. (D Your Information a. Name of Appellant (the party who is filing this appeal): Name: Ronald Quintero Clerk stamps date here when fonn is filed. You fill in the name and street address of the court that issued thejudgment or orderyou are appealing: Superior Court of California, County of Santa Clara You fill in the number and name of the trial court case in which you are appealing thejudgment or order: Trial Court Case Number: B 1 688942 Trial Court Case Name: People v. Ronald Quintero You fill in the appellate division case number (if you know it): Appellate Division Case Number: Street address: 2703 7th St, #215 Mailing address (ifdiflerent): Berkeley CA 94710 Street . City State Zip Street City State Zip Phone: (415) 378-4133 b. Appellant’s lawyer (skip this ifthe appellant isfilling out thisform): The lawyer filling out this form is (check (1) or (2)): (1) E was the appellant's lawyer in the tn'al court. Name: Francisco Rodriguez Street address: 2703 7th St, #215 E-mail: lawyer@californialegaldefense.corn (2) D is the appellant's lawyer for this appeal. State Bar number: 188459 Mailing address (zfdz'fi’erent): Berkeley CA 94710 Street City State Zip Street City State Zip Phone: (415 378-4133 Fax: E-mail: 1awyer@californialegaldefense.com Judicial Council of California, www.courts.ca.gov Revised January 1, 2017, Optional Form Cal. Rules of Court. rule 8.853 Notice of Appeal (Misdemeanor) CR-132, Page 1 of2 .9 a "“é l ' ' v ‘V ~ b I Trial Court Case Number: Trial Court Case Name: People v. Ronald Quintero 31688942 ® Judgment or Order You Are Appealing I am/My client is appealing (check one): a. m The final judgment of conviction in this case (Penal Code section 1466(b)(1)).D I am/My client is contesting only the conditions of the probation. b. D The following order made after the judgment in this case that affects an important right ofmine/my client (for example, an order after a probation violation) (Penal Code section 1466(b)(1)). D An order modifying the conditions ofprobation. E Other(describe the action you are appealing and give the date the trial court took the action): Denial of the Motion to Suppress Evidence according to Penal Code sec. 1538.5 on 8/25/17 c. D The trial court has not yet issued a final judgment in this case. I am appealing before final judgment an order i that denied a motion to suppress evidence in this case (Penal Code section 153850)). \ d. D Other action (describé the action you are appealing and give the date the trial court took the action): ® Record on Appeal Seeform CR-131-INFOfor information about the record 0n appeal.) a. E I have attached a completed Notice Regarding Record 0n Appeal (Misdemeanor) (form CR-134). b. D I have not attached a Notice Regarding Record on Appeal (Misdemeanor) (form CR-134). I understand that I must file this notice in the trial court within either: (1) 20 days after I file this notice of appeal; or, if it is later, (2) 10 days after the court appoints’a lawyer for me (if I file a request for a court-appointed lawyer within 20 days after I file my notice of appeal). I also understand that ifI do not file the notice on time, the court will not be able to consider what was said in the tn’al court in deciding whether an enor was made in he tn'al court proceedings. ® Court-Appointed Lawyer .a. I/My client D was E was not represented by the public defender or another court-appointed lawyer in the trial court. 4 b. I am/My client-is (check (1) or (2)): (1) D asking the court to appoint a lawyer to represent me/my client in this appeal. I have completed Request for CourtJAppointed Lawyer in MisdemeanorAppeal (fonn CR-l33) and attached it to this notice of appeal. (2) E not asking the court to appoint a lawyer to represent me/my client in this appeal. REMINDER-Except in the very limited circumstances listed in rule 8.853, you must file this form no later than 30 days after the trial court issued the judgment or order you are appealing in your case. If your notice of appeal is late, the court will not take ymy appeal. Date: 12/19/17 7' l, Francisco Rodriguez, Esq. > /// Type orprintyour name SignWé‘WJpellant or attorney Revised January1, 2017 Notice of Appeal CR-1 32, Page 2 of 2 (Misdemeanor) fl L551 Pfiimfl WWTE} f3 {31.}??? “ CASE NO. " ET??? {31363}? ”‘“ éir‘Ei‘fifiE . .{Ifi CEN Wigl 1:1 fixLiLi {355: gagsfli’s DATE 1'3. £31313"3Q}? “-E‘fiflii‘é mriDEPT. 83: EH} 1&3, ' PEOPLE VS. léfllé‘sif‘leii ifififififii‘i QUENTERfi {33%;}'7 :3," i‘li‘i} (Efifia‘E‘S’liifiii? '1 (3E3 r‘ 12% a N L_KA gm} 1' ngxyfifi’g‘ffixi ::' CLERK H" Rm?“dad ""“E -- x '- = u, ,z. ~ . - EZEEIchifi'?‘ ?*i EZBQLX C: .ZT'Y' y {11:132. ?‘i‘rfi Lindy HEARING Rfififllififiu $31»: ‘ {‘tL E: Nflfifg JUDGE I iii'jl‘ai a JERCJHE 1:3 n H 3233!...EH 3321‘ :1 AGENCY EiJwQéB 3. 53m: $Efié~-Bx...¥-flit? REPORTERtisszi: ‘m: i C) 2,0 {3141‘s-}? x; STATUS 23mm? w Tw *5 DEF, ATI'YL {AWI-JfE'iih.§"‘E’. y éizLL. IE-"U i ‘2 i ESEZTrthi‘sN APO CHARGES H a (3L3 .1 )*§CI;33 5E2?x {1k Z! Wit: 13%}? .s U(?E‘Cs‘l.’5 ’~’ t. 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Adv/ WavD Bail/ OR/ SORP D Rect Dr Rpt a FAR/ ERC D Bail Apply DABalance Exonerated B NG D Entered by CRT D NGBRI /Adv D PSet fl Prelim D Readiness E S / B MTC D Bail Exonerated D Forfeited Bond # D Denies Priors/ Allegations/ Enhancements/Refusal fl Further D Jury D CT DPeo / Def Wav Jury D Reassumption Filed D Forfeiture Set Aside D Bail Rein D TW D TNW D TW / WD ZTW Sentence D Ref’d D $ Costs Within 30 Days to Court B Ref/ Appt PD / ADO / IDO D Con Decl D Adm A/ F D APO / DADS/ Prop 36 D P36 Re-Assm’t SORP / OR D Revoked E] Reinstated D May Post & Forfeit D Relieved Appt’d D Crim Proc Susp D Rein B Status Hrg D BW Ordered $___._._ D Stayed D To Issue D Hrg on Motion______-__ D Doubt Decl Pursuant PC 1868 D No Cite Release/SCIT D No Request D Cash Only D Granted D Denied D Submitted D Off Cal D Subm on Report D Found_.__-_ D BW Set Aside D Recalled D Filed D Remain Out D NWF D Stip to Comm D Drs. Appointed-.__ D Max Term D Committed___- D Proof of A 4‘ D Prelim Wav D Certified to General Jurisdiction D MDA / COM Amended to ‘ v \fl/ ‘> D Amended to D (M) VC12500(a) /V023103(a) D Pur V023103.5 D DA Stmt Filed \ e/Igil'nya 191+? D PROP. 47 PLEA Conditions: D None D No State Prison D PC17 after 1 Yr Prob D Includes VOP (”Duh Am9 C‘_ D Ja‘ ' ‘ _- Term of . D Add to Cal D Vacate endin date #triking 07" \ WWW ‘0 3 fl Subm time of Sent D Harvey Stip _.___pg flAdv ax Pen / Parole/ Prob / lmmig / Appeal D Reg HS11590/P0290/PC457. 1/PC186.30 D FSF D Fines/Fees D P029800/29805/30305/666NC14607.8 D COP D GUILTY fl NOL CONTENDERE t0 C arg h-ancementsDnriors D PC17 D Ar actual Basis found indings stated D Prop 36 Granted / Unamenable / Refused / Term D DEJ Eligibility Fi eo I DEJ Granted / Rein / Term ee $ D Guil y Plea Rendered JZ’Wav Right to D Counsel Court/ Jury Trial ubpoena / Confront/ Examine Witnesses E’Self-incriminafiongZWritten Waiver filed D Plea / Absentia‘filed ‘ uckle l D Waives Referral [I APO Full Rpt D CR1 10 issued Fineleees Pay to: D Traffic ourt D Today dit # [:1 Sent Suspended D PROBATION DENIED DOUNT_2_$ + PA334% Purs H31 1350a PROBATION D Execution fl Imposition of sentence suspen ed for probation pe (/COUNT $ + PA $ D P0290.3 COURT D FORMAL PROBATION GRANTED for Days / Mos/ AIDS / CPP $_.___ + PA $____ SORP Report to APO within Days D Terminated D Upon Release DPF $ + PA$-EMATE D Perform Hrs Volunteer Work as directed PO / SAP D m lieu of fine/Jail LAB $E + PA $ Not drive w/o valid DL & Ins mAdv vc23600 [j HTo Re- efer MRI: mm AddlRm Susp’d P012 45 D MOP fi FOP D 12 hrs [I] 3 mos D 9 mos Enroll withi%_ days AEF @Original Fine$-_._ D DL Susp/ Restr’d/ ‘Rvk’dfor- D IID Not/Ordered/ Rmv’d Term Yrs SECA/CM$%: CTS P02900.5 $D No contact with victim or family / co-defts unless appr by APO D PC1202.05 ICMF TOTAL DU ____- D DVPO issued / mod /term’d Exp___-_f_ D Victim Present ICIN Pa emsml Modified D No Contact D Peaceful Contact D DSA thru APO / DOR / CRT B Filed AR $ $ Mo beginningm D Not own/possess deadly weapons D Destroy/return weapon____ SHELTER $_.._ FINE STAYED__.-._.__ D Stay away from DV‘ $ Committed @ $..__/day D May Pay Out D Submit Searchfl‘esting D EducNoc ng/Empl D No alcohol / drugs or where sold ATTY $ ConseC/Conc to D Substance Abuse, Psych, Theft, Anger Mgmt, DV, Parenting cnsl / prgm ASF$25/CPF$10$ Fine / Fees D Deemed Satisfied D commuted D PC296 (DNA) D PC1202.1 HIV Test / Education p/INVEST $ D p/SUP$ /Mo D Waived VOP: D Wav D Arr’d D Admits/Denies Viol D Court Finds VOP / No VOP CJAF $129.75/$259.50 $ D Addy] Fees Waived Prob Rein / Mod /Term’d / Revoked / Remains Revoked / ExttO-____ D SEGA, ICMF) |CIN, CJAF, PINVEST’ pSUP FEES NOT COND' OF pROBD Original Terms & Conditions Except as Amended herein D Resm D Gen $ t0 ggfltermmousW'th-'*‘- D N0 Further Pena't'es / Rev'ews a As determined by APO/Court D Referred to VWAC D Collect Civiny JAlL/PRISON D See Attachm’t Pg‘D CDCR/Parole collect restit from Def’s earnings D Blended Sentence Coun ail Cgunt F/M Violation Prison Term / Yrs Enhancement / Priors Yrs / Styd / Strkn HRS /m8 / MOS L M «rag!» a, ”m V - Ix -anWV ’OKI \Vl OW‘ IV‘UUUU ' f‘M l l/\&114WW ‘ r I Enhancement 'Yrs/SII Enhancement Yrs/Sl Enhancement lers/S Enhancement I'Yrs/S Enhancement lers/S Total CTS:-__l_ACT +_¥i_#m 4019 Iva DI/la m P029331 Total Total term ! 0L CDCR/ PC 1170h Straight time fl In Camp D WWP $ C1209 Fees D Waived Court Re ll / Except D EMP/PSP/ERP/D /Co Parole/NP- D Sent Deemed Srv’d D Rptto Parol /Prob w/in D Adv/O D Yrs/Mos ParoIe/MS/PRCS/Appeal D Consec D Conc to D Ba! CJ Susp D All but Hrs/Da s/Mos D On Co d Complete Residential Treatment PrgmmServeAConsecRMONU@FR/SAISUm m Pre-process-‘LLQL AM/PM Stayl SurrenderlTransport to v 24‘ u [I AM/PM or Sooner DhEMANDED-BAIL$___- D REMAIN AS SET D NO BAIL D COMMITTED D RELEASED D OR D SORP D JAC PHONE ASSM’T D P36 D AS COND OF SORP D BAIL INCREASED / REDUCED D TO PRGM AS REC BY JAC DOC TO ARRANGE TRANSPORT UPON AVAIL BED DISTRIBUTION: ORIGINAL - FILE, GREEN - Doc, BLUE CJIC/ DOR PURPLE PROBATION, BROWN - DEFENDANT NOTiCE T0 PROBATiONER Thoroughly familiarize yourself with the conditions of your Probation, since a Violation of any of the terms may render you |iab!e to the following penatties. However, if you faithfuliy perform your duties daring your probationary period you are entitled to the priviieges hereinafter set forth. See Section 1203 of the California Penal Code. THE DEFENBANT: 1. Shaii immediateiy upon hés/her release from custody, if placed on Formal Probation report in person i0 the Probation Department of the County of Santa Cara and furnish such information regarding his/her self as may be requested. The defendant shalt, whiie under Probaiion, remain in the custody of the Probation Officer and shalt report in person to the Probation Officer once each month, or as otherwise directed, 2. Shali advise the Probation Office'r‘ of place of residence at all times and shall not leave 0r move from the County and State of residence without prior approval of the Probation Officer. 3. Shall seek and obtain employment as approved by the Probation Officer, 4. Shail, while on either court or formal probation, conduct his/her self honestly; obey a1! laws and rules, orders and reguiations of the Court and/or Probation Officer. FURTHER CONDITIONS PURSUANT TO VC23600: 1. Shai! not drive any vehicle with any amount of alcohoildmgs in his/her. bedy or blood. 2. Shail not refuse to submit to chemica! test of his/her blood breath or urine 3. Shall not drive any vehicle without liability Insurance and shall provide proof of Insurance if requested to do so by a Peace Officer 4. Shall not commit any criminat offense and shalt obey all flaws. v , PRIVILEGES: You have the right to have your “record cleared" which means that under the following conditions you have the right to withdraw your plea of guiity or nolo contendere or have a verdict or finding of guilt set aside and to then enter a plea of not guilty and have the Court dismiss the charges(s) against you and release, you from any further penalties and disabilities resulting from the within charge(s): 1. At the conclusion of your Probationary pe’riod (Formai or Court Probation) if you have otherwise ‘ complied with ail orders of Court and if there are n0 charges pending against you (PC1203 4) 2.‘ After ohe year has eiapsed foliowing the gronouncementtof judgment if you have not been placed on Probation and if you have otherwise led a good and lawful life and there are no charges pencfing against you [P012084 (a21)] EXCEPT that said offense(s) can be charged against you a3 a prior conviction in the case of any criminal proceedings which may be charged against you at a later date, and except further that such (prior conviction) shall be considered a conviction for the purpose 0f revoking or suspending your privilege to drive a motor vehicle where appropriate [P01203.4, 1203.4(51) and V013555}. To appiy for a record ciearance in aii of the above instances, you must contact the Santa Clara County Probation Office at (468) 435-2061 Any person convicted of a feiony, the acousatbry pieading of which has been dismissed pursuant to Section 1203A of the Pena! Code, may file a Petition-for Certificate of Rehabiiitafion and Pardon provided that he/she has not been incarcerated since the dismissal of accusatory pleading, is not 0n Probation Afar the commission of any other fefony, and presents satisfactory ev dance of three years residence in California prior t0 the filing 0f a Petition PENALTIES: At any time during your Probationary term any Probation Officer may with or without a warrant re arrest you and bring you before the Court, and §f said Court determines that you have viOIated any of the terms of your Probation have engaged in any criminal practice, or have any criminal associations ii may revoke and terminate your Probation, and without any further hearing pronounce judgment of imprisonment and deliver you over to the proper officers to serve your sentence, as if Probation had never been granted. ' AD - Alternate Defender Adm/AF - Admonition of Attorney Fees Adv ~ Advised _ AEF - AEcoho! Education Fee APO - Adult Probation Office App - Appomtmenl AR ~ Accounts Receivable Arr m Arraigned BW - Bench Warrant Cal - Catendar CAP - Communiiy AItemative Program CDCR - Cam Dept of Corrections & Rehabilitation CJAF - Criminal Justice Admin Fee COM ~ Courts Own Motion Cone - Concurrent Con Decl - Conflict Declared Cons -- Consecutive" COP - Change of Plea CPP - Crime Prevention Program On ~ Court CT - Court Trial OTS -~ Credit for Time Served Dec! - Declared Def - Defendant DEJ -- Deferred Entry of Judgment DOB ~ Dept of Revenue DPF -- Drug Program Fee DRF u Dwt‘rsion Restitution Fee DSA -- Defendant’s Statement of Assets DV - Domestic Violence DVPO * Domestic Violence Protective Order EMAT Emergency?!edlcafi A1r Transponation Penaity Enhs - Enhancements ERC- Early Resolution Calendar FAR ~ Felony Advance Resolution FOP - First Offender Program FSF - Future Serious Felony Hrs - Hours HTO - Habituai Traffic Offender ICIN ~- Convicuon Assessment lnfractaoh {CMF ~ Convnszscn Assemmam/ MISD / Felony IDC - idenkmcation of Counsel ND - Ignition Interlock Device lmmiq ~- immigration Ins - Insurance MDA - "Manon by District Attorney Mist! ~ Misdemeanor Mod ~ Modified MOP - Multiple Offender Program Mos -- Months mas - Mandatory Supervision Ne - ,Not Guiny ES NGBRI Not Guiliy by Reason of!isn anity NWF ~ No Warrent Filed OR - Own Racognizance 0RD ~ Ordered PIINV - Prescntrence Investigation Fee PA m Penwly Assessment PD - Public Deiender Pen -- Penaiiy PO - Probation Office PROS u Post Release Community Superwsion Prob - Plobafion Pros - Proceeding PSet ~ Preliminary Setting PTO - ‘Pretnal Conference Pur~ Pursuant Rect- Receipt of Ref ~ Referred Reg - Register Rein - Reinstated Reptr ~ Reponel Rest - Restricted RE-stit ~ Restitution Rpt ~ Report Rvk‘d - Revoked SAP -- Sentencing Alternative Program SIB MTG - Standby Masmr Trial Calendar SEGA - Court Security Fee Sent - Sentenced Sfip - Stipulates Susp w Suspended Term’d - Terminased TNW ~ Time Not Waived Trng - Training TW - Time Waived TW/WD - Time Waiver Withdrawn Voc - Vocationai VOP - Violation of Probation VWAC - Victim Witness Assistance Center Wav ~ Waived . Yrs - Years SUPERIOR COURT 0F CALIFORNIA FORCOURTUSEW COUNTY 0F SANTA CLARA FILED PLAINTIFF: DATED _[_ ’30 'V} PEOPLE OF THE STATE OF CALIFORNIA CLERK OF HE COURT Superior of California DEFENDANT: By; De ty Clerk NAM {DumAcarO DUI ADVISEMENT OF RIGHTS WAIVER AND PLEA FORM Vehicle Code §§3152 et se’q. [17 \lg Q) (b QK(L CASE NUMBER: Fill out this form if you wish to plead guilty or no contest to the charges against you. Initial the box for each applicable item only if you understand it. If you have any questions about your case, the possible sentence, or the information on this form, ask your lawyer or the judge. NATURE OF THE CHARGES (Complete all items you are charged with.) I understand that l am charged with a violation of Vehicle Code Section(s): INITIAL Q01. 23152(a) - Driving under the influence of alcohol or drugs, or both ................................................... 1 2. 231 52(b) - Driving when my blood-alcohol level was .08 percent or higher ..................................... 2' EQ, 3. 231 52(d) - Driving a commercial vehicle when my blood-alcohol level was .04 percent or higher 3. ‘ ‘ 4. 231 03(a) - under 231 03.5 - Reckless driving, involving alcohol or drugs or both ............................. 4_ X 5. Check if applicable - 14601 (a) or 14601 .1(a) or 14601 .2(a) or _ 14601.5(a) Driving in knowing violation of a license suspension, revocation, or restriction 5_ / 6. Check if applicable- 14601 .3 Habitual traffic offender ~Accumulating a driving record 5 history m knowing violation of a license suspension or revocation .................................................... 6. 7. lf applicable - I understand that l am also charged with the following other offenses: X7. Type of Offense(s) and Section Number(s) ' (>< 8. lf applicable - I understand that I am Charged with prior conviction(s) as listed in the complaint 8, 9. lf applicable - l am also charged with violating the probation imposed on me in the following '/ case(s): X9. Case Number(s) 10. | understand the charge(s) against me, and the possible pleas and defenses ................................. 10.a a h 11. Pursuant to VC 23593(a), you are hereby advised that being under the influence of alcohol or drugs or both, impairs your ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol 0r drugs or Q“ a both. If you continue to drive while under the influence of alcohol or drugs, or both and as a result 11 ‘ of that driving, someone is killed, you can be charged with murder. .................................................... ' eReo4aREV2/s/12 DUI ADVISEMENT OF RIGHTS WAIVER, AND PLEA FORM Page 1 ofs (Non-substantive change 1/1/14) Vehicle Code §23152 et seq DEFENDANT: PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA CASE NUMBER: CONSTITUTIONAL RIGHTS 12. RIGHT TO A LAWYER - I understand that l have the right to be represented by a lawyer throughout the proceedings. | understand that the Court will appoint a free Iawyer for me if l cannot afford to hire a lawyer, but at the end of the case I may be asked'to pay all or part of the cost of that lawyer, if l can afford to. I understand that there are dangers and disadvantages to giving up my right to a lawyer and that it is almost always unwise to represent myself......................................................................... trial. At the trial, I would be presumed innocent, and l could not be convicted unless 12 impartial jurors were convinced of my guilt beyond a reasonable doubt ........................... 14. RIGHT TO CONFRONT WITNESS - l understand that | have the right to confront and cross-examine all witnesses testifying against me ............................................................ 15. RIGHT AGAINST SELF-INCRIMINATION - | understand that l have the right to remain silent and not incriminate myself and the right to testify in my own behalf. l understand that by pleading guilty or no contest, or admitting prior conviction(s) or probation violation(s), I am incriminating myself ................................................................................ 16. RIGHT TO PRODUCE EVIDENCE - I understand that | have the right to present evidence and to have the Court issue subpoenas to bring into Court all witnesses'and evidence favorable to me, at no cost to me ....................................................................... RIGHTS ON CHARGES OF OTHER CONVICTION(S) AND PROBATION VIOLATION(S) 17. If applicable - [understand that I have the right to a lawyer, the right to a jury trial, the right to confront witnesses, the right against seIf-incrimination, and the right to produce evidence and witnesses for all charges against me, including other alleged conviction(s) or probation violation(s). However, for a charge of violating probation, l do not have the right to a jury trial but l do have the right to a hearing before a judge ............................... CONSEQUENCES OF PLEA OF GUILTY OR NO CONTEST I understand this right I waive this right QZCQ fid 13. RIGHT TO A JURY TRIAL - I understand that I have the right to a speedy, public jury 132-6? 72, (9‘ 14m YZ/Glm T30. 15. $14} 16. \Qra. 18. I understand that if | am not a citizen, a plea of guilty or no contest could result in deportation or exclusion from admission to this country, or denial of naturalization ........................................................ 19. [understand that plea of no contest (nolo contendere) will have exactly the same effect in this case as a plea of guilty, but it cannot be used against me in a civil lawsuit unless the offense is punishable as a felony ................................................................................................................................................. 20. I understand that my plea entered in this case my be grounds for revoking probation or parole which has been previously imposed on me in any other case .................................................................. 21. l understand that the Department of Motor Vehicles (DMV) may consider any of my other convictions for driving under the influence or reckless driving which are not charged in this proceeding and impose a more severe license restriction, suspension, or revocation as a result'bf my uncharged convictions ...................................................................................................... INITIAL 18. £0. i (Non-substantive change 1/1/14) a CRso43 REvz/e/12 DUI A VISEMENT 0F RIGHTS, WAIVER, AND PLEA FORM Vehicie Code §23152 et seq. . Page 2 of6 . PLAINTIFF: PEOPLE OF THE STATE OF.CALIFORNIA CASE NUMBER: DEFENDANT: CONSEQUENCES OF PLEA OF GUIL_TY OR NO CONTEST (continued) ' INITIAL 22. I understand that in addition to the fine, the Court shall add assessments which will significantly increase the amount I must pay. l shall also be ordered to make restitution t0 any victim and to Vpay a restitution fine of $150 to $1,000 (or $300 to $10,000 if the offense is a felony) (plus a 10% ”Q- County assessment) unless the Court finds compelling and extraordinary reasons not to impose the 22fine ............................................................................................................................................................. - 23. If applicable - l understand that if my blood-alcohol level was .15 percent or above, or if | refused aQ to submit to a Chemical test, the Court will consider this in determiningiwhether to enhance the ‘ penalties, grant probation, or impose the fine ........................................................................................... 23. 24. If applicable - I understand that if! am the registered owner of the vehicle used in the offense: QkA. The Court shall impound my vehicle at my expense for up to 90 days, unless it determines that it is in the interest ofjustice not to do so; and ......................................................................... 24A. B. The Court may declare my vehicle to be a nuisance and order it sold following a hearing if I Q ahave two or more other convictions for driving under the influence, vehicular manslgughter ‘ ~ (Penal Code §§191 .5 or 192(c)(3)), 0r any combination thereof, in the past ten years ..... ‘ ............. 24B. Sentences for Driving Under the Influence of Alcohol and/or Drugs (Section 23152) Offense Minimum and maximum sentences when probation is granted Minimum and maximum (3 to 5 years probation term) sentences without probation . First Two options, both requiring a fine of $390 to $1,000, attendance at a 3~month 96 hours to 6 months in jail, $390 to $1 ,000 offense alcohol/drug program (or a 9-month program if my blood alcohol content was fine, and a 6-month driver’s license within 10 .20 percent or more, or ifl refused a chemical test at arrest), plus either; suspension. years (see nos. (A) 48 hours to 6 months in jail, and a 6-month driver’s license suspension, 25-33 or a 10-month suspension if a 9-month program is required. (B) A 90-day driver’s license restriction, allowing driving for work and alcohol/ drug program attendance only. However, my license shall be suspended for 6 months ifthe offense occurred in a vehicle which requires a class A or B driver’s license. Second Two options, both carrying a fine of $390 to $1,000 plus either; 90 days to 1 year in jail, $390 to $1 .000 offense fine, and a 2-year driver’s license within 10 (A) 10 days to 1 year in jail and a Z-year driver’s license suspension; or suspension. years (see nos. (B) 96 hours to 1 year in jail, an 18-month (or 30-month) alcohoI/drug program, 25-33) and a driver’s license restriction allowing driving only for work and alcohol/ drug program attendance for the duration of the program. Third offense within 10 ears 120 days to 1 year in jail, $390 to $1,000 fine, a 3-year license revocation, 120 days to 1 year in jail, $390 to $1,000 (see nos £533 and an 18 month alcohol/drug program ifl have not completed one before. fine, and a 3-year license revocation. Fourth or 16 months, 6r 2 or 3 years in state prison, subsequent offense within 10 years (see nos. 25-33 or 180 days to 1 year in countyjail $390 to $1 ,OOO fine, and a 4-year license revocation. 180 days to 1 year in jail, $390 to $1 ,000 fine, a 4-year license revocation, and an 18 month alcohoI/drug program ifl have not completed one before. ADDITIONAL PENALTIES FOR A VIOLATION OF SECTION 23152 (Non-substantive change 1/1/14) . INITIAL 25. | understand that the Court may prohibit me from operating any vehicle l own or operate unless it is r equipped with a certified ignition interlock device for up to three (3) years .............................................. 25. ya- CR6043 REv2/6/12 DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM Page 3 of6 Vehicl‘e Code §23’l52 et seq. V PLAINTIFF: DEFENDANT: PEOPLE 0F THE STATE OF CALIFORNIA CASE NUMBER: ADDITIONAL PENALTIES FOR A VIOLATION OF SECTION 23152 (continued) 26. 27. 28. 29. 30. I understand that the DMV may restrict, suspend, or revoke my license under a procedure, which is separate from this criminal action. l understand that the DMV’s action, if any, will be in addition to the Court’s sentence and that I must obey it............................................................................................. | understand that I must successfully complete an alcohol/drug program in order to have my driving privilege reinstated following any license restriction, suspension, or revocation which is imposed on me even ifl am ordered to attend such a program by the Court .............................................................. I understand that the DMV will not issue a restricted license or restore my driving privilege following a restriction, suspension, or revocation unless I have proof of insurance for three years. The DMV will suspend my license: (1) until proof of insurance is provided to the DMV; and (2) upon my failure to maintain this proof during the three year period ................................................................................... If applicable - I understand that if I was under the age of 21 at the time of my arrest, my driver‘s license shall also be suspended for one year and I must surrender my license to the Court If | do not have a valid driver’s license the Court shall order the DMV to delay issuing a" license to me for one year afterl become eligible to drive .................................................................................................. If applicable - ‘l understand that if l am convicted of a third or subsequent violation of section INITIAL 26. £52 1262. 27 g‘g‘ 29. 23152: A. | must surrender my license to the Court. l will also be designated as a habitual traffic offender for three years after my conviction, and I will receive an enhanced sentence if I drive Q62- in violation of my license revocation ................................................................................................... 30A B. If probation is granted, | may request to participate in a 30-month treatment program. This program includes between 120 and 300 hours of community service. request, l will be sentenced to the county jail for‘ at least 30 days but not more than one year If the Court grants my $62. as a condition of probation instead of the jail term specified in the above chart ................................ 303 Sentences for Reckless Driving ( Section 231 03 under Section 23103.5) Nature of offense Minimum and maximum sentences Other Reckless driving reduced from driving underthe influence education program. lf probation is not granted: 5 days to 90 days in jail, or $145 to $1 ,000 fine, or both. If probation is granted; a maximum of 90 days in jail, or $1,000 fine, or both, and an alcohol or drug If alcohol or drugs are involved, this conviction will act as a separate conviction for driving under the influence (DUI) ifl commit a subsequent offense within ten years. Sentences for Driving in Violation of a License Suspension, Revocation, or Restriction Vehicle Code First Offense Second or Subsequent Offense: Prior Conviction(s) Section In past 5 years of Sections 14601, 14601.1 14601.2, 14601.5“ . . . 1O days to 1 year in jail, and a fine of $500 to $2,000. 14601 5 days to 6 months In Jail, and a fine of $300 to $1 ,OOO 10 days in jail required if probation is imposed. 14601.1 Up to 6 months in jail, or a fine of $300 to $1 ,OOO, or both 5 days to1 year in jail, and a fine of $500 to $2,000. 1O days to 6 months in jail, and a fine of $800 to $1 ,000. 30 days to 1 year in jail, and a fine of $500 to $2,000. 14501 2* 10 days in jail required if probation is imposed. 30 days in jail required if probation is imposed *lfl have been designated as a habitual traffic offender within three years of this conviction, lwill in addition be sentenced to serve 180 days in jail and pay a $2,000 fine. , _ _ 1O days to 1 year in jail, and a fine of $500 to $2,000 14601'5 Up t0 6 months m Ja"! °r a fine 0f $300 t0 $11000! or bOth “Section 14601 .3 also constitutes a prior conviction forthis offense. Vehicle Code First Offense Second or Subsequent Offense: Prior conviction(s) in Section 7 years of Section 14601.3 14601 .3 30 days in jail, or a fine of $1 .000 180 days in jail, and a fine of $2,000 12500(a) Up to 6 months in jail, or a fine up to $1 .000, or both CR6043 REV 2/6/12 (Non-substantive change 1/1/14) DUI ADVISEMENT OF RIGHTS, WAIVER, ANDP? FORM Page 4 of 6Vehicle Code §231 52 ez‘ seq. CASE NUMBER:PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT: ADDITIONAL PENALTIES FOR A VIOLATION OF SECTION 14601.2 v INITIAL 31. If applicable - l understand that ifl am convicted of a violation of Vehicle Code section 14601 .2, the Court will require me to install an ignition interlock device (IID) on any vehicle that l own or operate. This order will be imposed for up to three years. Installation of this device, which prevents the vehicle from starting if l have alcohol in my body, does not authorize me to drive without a valid driver's license. Failure to install the HD shall result in the suspension of my driver’s license by the DMV .......................................................................................................................................................... 31. 32. l have read and understood the applicable charts on page 4 which list the minimum and maximum sentences and consequences for the offense(s) | am charged with. (See No. 34. For the offenses R Qnot listed in the charts) .............................................................................................................................. 32, ' 33. Convictions for any of the above offenses may result in the vehicle being impounded or forfeited if I Z Qdrive again while my license is suspended, revoked, or expired .............................................................. 33_ ‘ ~ 34. If applicable - l understand that the possible consequences for the offense(s) charged which are not listed on the penalty charts on page 4 include the following: fl ‘ / ) /‘ ‘ ”6"” gikgz 9 Jan D / QM Fine A / (053 Section Number \ Min. Max. Min. Max. Q90 Other Consequences , . - " § )07/3 ( g Z (A>Jail O f G M Fine é /- (605 Section Number Min. Max. Min. Max. Other Consequences 34_ PLEA(S) Guilty C0560“ 35. Having in mind the nature of the charges against me, as set forth; the rights | am X K$CD~waiving, and consequences of my plea; I now plead ......................................................... ‘ ‘ INITIAL 36. If applicable - I freely and voluntarily admit the prior conviction(s) as listed in the complaint. l understand that this admission will increase the penalties which are imposed on me ............................. 36K 37. If applicable - I freely and voluntarily admit the probation violation(s) listed on this form and give I up my right to a hearing before a judge regarding the probation violations .............................................. 37‘ 38. l understand that I may not be sentenced earlier than six hours or later than five days after my plea. /PQ | give up this right and agree to be sentenced at this time ....................................................................... 38. ‘ 39. ‘lf applicable - l understand that I have the right to enter my plea before, and be sentenced by a gjudge. | give up this right and agree to be sentenced by a Court commissioner if one is assigned to ‘a ~ hear my case ............................................................................................................................................. 39. DATE: ”/22W7 SIGNED: ~ I / Defendant CR-eo43 REV2/s/12 DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FOR'M Page 5 of6 (Non-substantive change 1/1/14) Vehicle Code §23152 et seq- PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA CASE NUMBER: DEFENDANT: ATTORNEY’S STATEMENT l am the attorney of record for the defendant. l have gone over the form and addenda, if any, with my client. l have explained each of the defendant’s rights to the defendant, and answered all of the defendant’s questions with regard to this plea. l have discussed the facts of the defendant’s case with the defendant, and explained the consequences of this plea, the elements of the offense(s), and the possible defense(s). l concurjn this plea/nd the defendant’s decision to waive constitutional rights. DATE: H )SQ'HQ/ KSIG‘NED: @t’foyth” Defendant INTERPRETER’S STATEMENT (IF APPLICABLE) I, . a qualified interpreter, having been duly sworn, truly translated this form to the defendant in the language. The defendant indicated that (s)he understood the contents of the form, and (s)he then initialed the form. DATE: SIGNED: Court Interpreter COURT’S FINDINGS AND ORDER The Court, having reviewed this form and having questioned the defendant concerning the defendant’s constitutional rights and the defendant’s admission of prior conviction(s) and probation violation(s), if any, finds that the defendant has expressly, knowingly, understandingly, and intelligently waived his or her constitutional rights. The Court finds that the defendant’s plea(s) and admission(s) are freely and voluntarily made with an understanding of the nature and consequences thereof, and that there is a factual basis for the plea(s). The Court accepts the defendant’s plea(s), the defendant’s admission of the other conviction(s) and probation violation(s), if any, and the defendant is convicted on his or her plea(s). The Court orders this form filed and incorporated in the docket by reference as though fully set forth therein. DATE: I l" l [yak7 erome S. Naciler“ wdicial Officer NOV 3 0 20W X CR6043 REV216/12 DUI An ISEMENT OF RIGHTS, WAIVER, AND PLEA FORM Page 6 ofe " (Non-SUbStanthe Change 1/1/14) Vehicle Code §231 52 et seq. .”L , Le” WLJ‘J mrm {:z'suga? v, * F22m (marry grwmsfim . q act .mm GEN 1&{32137’1mmm m."r€3, am. wage» DATE 1.w33.;amv mm WDEPT. :34 Hmmx PEOPLE vs. Famixmm mmm Lajiwrtmm {wmuzxzzwa} {zwawxflwr- cm mm L.K.A. i’M-i} IEF‘EVEHGYQN ET CLERK QNDERESGNKREEI‘EERTEK 1i??fl-..‘f C IT“? y {3:553 ‘?£t>€3il.f+ HEARING PR'i‘EITI-Tfliri‘rxi. CiIEHF-"Zz: JUDGE HQNE REESE”?! Jc $3T¢1FF€3¥2§1 EH}: AGENCY iiifwfié-EJ EIEEEQ'? l“! Li. 53m ‘3. E}BE§&"-Bi-.§3l¥{¥il REPORTER‘SZEZQ ("3 Q E1?“ Ft {SH I LI} 2 STATUS {Zimm F“ - TW ‘3’ DEF. ATTY.L.:-’33W7%§E:'I§\ : .' . 5 QLLE 53C? i. {é} D A.?{e‘l‘iHixfx’ff SSSIE-ZEZRKHQH APO CHARGES M ( Cit? 1 ??V(SE‘B 1 "“323 i i532? C/mj H i 63’1"??? ‘v‘fjifi‘ifi? 3.3333 x’ Iii} ”-3047 4:05 084 nation ”3:00 “084 QVAS R} 1' ECEL. {31 "é" II £313 1"} {-3 TF3. 13‘?!“ 3. EHEQ 3. £2 NEXT APPEARANCE A I IL Defendant Present D Not Present Atty Present fl ll ’ AD / PD / IDO / Special App Arr’d |:| Adv D Arr Wav D Amend Comp/lnfo fl Arr D Plea D IDC D PTC fl Prob / Sent D Interpreter D Sworn D P0977 D Filed D On File D Reptr. Adv / Wav D Bail/ OR/ SORP D Rect Dr Rpt D FAR/ ERC D Bail Apply D Balance Exonerated D NG D Entered by CRT DNGBRI /Adv D PSet D Prelim D Readiness D S / B MTC D Bail Exonerated D Forfeited Bond # U Denies Priors/ Allegations/ Enhancements/Refusal D Further D Jury D CT D Peo / Def Wav Jury D Reassumption Filed D Forfeiture Set Aside D Bail Rein CASE NO. 33 1 éiEEE‘Wa'Ei’. 1 \D TW D TNW D TW / WD D TW Sentence D Ref’d D $ Costs Within 30 Days to Court D Ref/ Appt PD/ ADO/IDO D Con Decl D Adm A/ F D APO / DADS/ Prop 36 D P36 Re-Assm’t SORP / OR D Revoked D Reinstated D May Post & Forfeit ; D _______Relieved‘___._Appt’d D Crim Proc Susp D Rein fl Status ‘Hrg D BW Ordered$_- D Stayed D To Issue ‘ D Hrg on Motion-__._.- D Doubt Decl Pursuant PC 1368 D No Cite Release/SCIT D No Request D Cash Only 1 D Granted D Denied D Submitted D Off Cal D Subm on Report D Found _..__._ D BW Set Aside D Recalled D Filed D Remain Out D NWF ‘ [j Stip to Comm D Drs. Appointed__._ D Max Term D Committed- D Proof of D Prelim Wa'v D Certified to General Jurisdiction lj MDA/COM Amended to D Amended to D (M) VC12500(a) / VC23103(a) D Pur VC23103.5 D DA Stmt Filed PLEA Conditions: D None D No State Prison D PC17 after 1 Yr Prob D Includes VOP w D Jail / Prison Term of l’Mr M4.” // DmemJFMWE‘EW r " [Led]! J l D Add t0 Cal D Vacate pending date D PROP. 47 D Dismissal / Striking D Subm time of Sent D Harvey Stip D Adv Max Pen / Parole/ Prob/ lmmig / Appeal D Reg HS11590/P0290/PC457.1/PC186.30 D FSF D Fines/Fees D P029800/29805/30305/666NC14607.8 D Wav Right to D Counsel D Court / Jury Trial D Subpoena / Confront/ Examine Witnesses D SeIf-incrimination D Written Waiver filed D Plea / Absentia filed D COP D GUILTY D NOLO CONTENDERE to charges & admits enhancements / allegations / priors D PC17 D Arbuckle D Factual Basis found D Findings stated D Prop 36 Granted / Unamenable / Refused / Term D DEJ Eligibility Filed D DEJ Granted / Rein D Waives Referral D APO Full Rpt D CR1 1o issued Fines/Fees Pay to: D DGR D Traffic D / Term Fee $ Court D Today D Audit # D Guilty Plea Rendered D Straight time D In Camp D WWP D PC1209 Fees D Waived D Court Rec_.___.All / Except D EMP/PSP/ERP/DRP/Co Parole/NP [j Sent Deemed Srv’d D Rpt to Parole/Prob w/in D Adv/ORD Yrs/Mos ParoIe/MS/PRCS/Appeal D Consec D Concto D‘Bal CJ Susp D AH but _Hrs/Days/Mos D On Cond Complete Residential Treatment Prgm D Serve Consec MO/TUNVE/TH/FR/SA/SU @ AM/PM or SoonerD Pre-process____._- AM/PM D Stay / Surrender l Transport to D REMANDED-BAIL$- D REMAIN AS SET D NO BAIL D COMMI'ITED D RELEASED D OR D SORP D JAC PHONE ASSM’T D P36 D AS COND OF SORP D BAIL INCREASED / REDUCED D TO PRGM AS REC BY JAC DOC TO ARRANGE TRANSPORT UPON AVAIL BED \ D Sent Suspended D PROBATION DENIED TCOUNT $ + PA $ D Purs H81 1350d l PROBATION D Execution D Imposition of sentence suspended for probation period QCOUNT $ + PA $ D ‘P0290.3 ID COURT D FORMAL PROBATION GRANTED for Days / Mos / Yrs AIDS / CPP $ + PA$___ SORP D Report to APO within Days D Terminated D Upon Release DPF $..__ + PA$_ EMAT $_- ‘D Perform Hrs Volunteer Work as directed PO / SAP D in lieu of fine/Jail LAB $_.._ + PA$- D Not drive w/o valid DL & Ins D Adv V023600 D HTO D Re-refer DRF /RF $ Add’l RF $___* Susp’d PC1202.44/45 l D MOP B FOP D 12 hrs D 3 mos D 9 mos Enroll within days AEF $ Original Fine$__..__.- D DL Susp/ Restr’d/ Rvk’dfor-_ D llD Not/Ordered/ Rmv’d Term Yrs SECA/COPA ‘$- CTS P029005 $ ‘ D No contact with victim or family / co-defts unless appr by APO D PC1 202.05 ICMF $___._ TOTAL DUE $ lD DVPO issued / mod /term’d Exp-_~.___ D Victim Present ICIN $_ Payments Granted / Modified - D No Contact D Peaceful Contact D DSA thru APO / DOR / CRT D Filed AR $_$_J Mo beginning D Not own/possess deadly weapons D Destroy/return weapon- SHELTER $___~ FINE STAYED-__._.___ D Stay away from I DV $_____ Committed @ $_/day D May Pay Out D Submit Searchfl'estmg D EducNoc Trng/Empl D No alcohol / drugs or where sold ATTY $_ ConseC/Concto-_____ lD Substance Abuse, Psych, Theft, Anger Mgmt, DV, Parenting cnsl / prgm ASF$25/CPF$10$_ Fine / Fees D Deemed Satisfied D Commuted D P0296 (DNA) D PC1202.1 HIV Test/ Education p/INVEST $ D p/SUP$ /Mo D Waived VOP: D Wav D Arr’d D Admits/Denies Viol D Court Finds VOP / No VOP CJAF $129.75/$259_50 $ D Add“ Fees Waived Pl’Ob Rein / Mod / Term’d / Revoked / Remains Revoked / Extt0_- D SEGA, ICMF, ICIN, CJAF, PINVEST PSUP FEES NOT COND. 0F pROBD Original Terms & Conditions Except as Amended herein D Restit D Gen $ ’ to géfitermmous W'th D No Further Penalt'es / Rev'ews D As determined by APO/Court [1 Referred to VWAC D Collect Civmy JAlL/PRISON D See Attachm’t Pg D CDCR/Parole collect restit from Def’s earnings D Blended Sentence County Jail Count F/M Violation Prison Term / Yrs Enhancement/ Priors Yrs / Styd / Strkn HRS / DAYS / MOS Enhancement Yrs/S Enhancement Yrs/S Enhancement Yrs/S Enhancement Yrs/S Enhancement Yrs/S Total CTS =___.__ACT + D 401 9 D V2 D 1/3 D P029331 _______...._____ Total Total term __ CDCR / PC 1170h ‘ DISTRIBUTION: ORIGINAL - FILE,_ @EEN - DOC, Jig; ~ GEEon PURPLE -EOEATJON, ‘ BROWN - DEFENDANT - NO’ECE TO PROBA’E‘iONER Thoroughiy familiarize yourself with the conditions of your Probation, élnce a violation'of any} of the terms may render you liable to the foliowing penaities. However, if you faithfuily perform your duties during your probationary peréod you are entitled to the privileges hereinafter set forih. See Section 1203 of the Caiifomia Penal Code. THE DEFENQANT: 1. Shal immediaiely upon his/her release from custody, if placed on Formal Probation report in person to the Probation Department of ihe County pf Santa C!ara and furnish such information regarding his/her seif as may be requested. The defendant shall, whiie under Probation, remain in the custody of the Pmbation Officer and shal! report in person to the Probation Officer once each month, or as otherwise directed 2. Shali advise the Probation Officer of place of residence at all times and shali not ieave or move from the County and State of residence without prior approval of the Probation Officer. 8. Shall seek and obzain employment as approved by the Probation Officer. 4. Shatl, whiie on either court or formal probation, conduct his/her self honestly; obey all laws and rules, orders and regulations of the Court ancf/or Probation Officer‘ FURTHER CONDITIONS PURSUANT TO VCZSGOO: Shaté moi drive any vehicle‘ with any amount oi alcohol/drugs in his/her body or biood. 2. Shal! not refuse to submit to chemical test of his/her blood, breath or urine 3. Shal! not drive any vehicle without liability msurance and shalt provide proof of insurance if requested to do so by a Peace Officer. 4. Shali not commit any criminal offense and shall obe'y all laws. PRIVELEGES: You have the right to have your “record ckaared" which means that under the foilowing conditions you have the right to withdraw your plea of guilty or noio contendere or have a verdict or finding of guilt set aside and to then enter a plea of not guilty and have the Court dismiss the charges(s) against you and release you from any further penalfies and disabiiifies resulting from the within charge(s): 1. At the conciusion of your Probationary period (Formal or Court Probation) if you have otherwise compiied with an orders of Court and if there are no charges pending against you (P012034). 2. After one year has eiapsed foilowing the pronouncement of judgment'if you have not been psaced on Probation and if you have otherwise led a good and lawful fife and there are no charges pending against you [P012034 (31)], EXCEPT that said ofiense(s) can be charged against you as a prior convicti'on in the case 0f any criminal proceedings which may be charged against you at a later date, and except further that such (prior conviction) shall be considered a conviction for the purpose of revoking or suspending your privilege to drive a motor vehicle where appropriate [PC1203.4, 1203‘4(a) and V013555]. To apply for a recorcf ciearance in aii of the above Enstances, yeu must coniact the Sania Ciara County Probation Office at (468) 435-2661. Any person convicted of a felony, the accusatory pleading of which has been dismissed pursuant 10 Section 1203.4 of the Pena! Code, may file a Petition for Certificate of Rehabilitation and Pardon provided that he/she has not been incarcerated since the dismissal of accusatory pleading, is not on Probation for the commission of any other felony. and presents satisfactory evidence of three years residence in Cafifoméa prior to the filing of a Petition ?ENALTIES: At any time during your Probationary term any Probatibn Officer may with or without a warrant re-arrest you and bring you before the Court, and ii said Court determines thatyou have violated any of the terms of your Probation, have engaged in any criminal practice, or have any criminal associations, it may revoke and terminate your Probation, and without any further hearing pronounce judgment of imprisonment and deliver you over to the proper officers to serve your sentence, as if Probation had never been granted. AD ~ Alternate Defender Adm/AF- Admoninon of Attorney Fees Adv - Advnsed AEF ~ Alcohol Education Fee APO - Aduit Probation Office ' App - Appointment AR -- Accounts Receivable Arr - Arraigned BW ~ Bench Warrant Ca! - Caiondar CAP ~ Community Alternative Program ODOR m Caiif Dept of Corrections & ‘ Rehabiiitation CJAF - Cximinal Justice Admin Fee COM ~ Courts Own Moiion Cone - Concurrent Con Dec! - Conflict Deciared Cons - Consecutive COP ~ Change of Plea OPP - Crime Prevention Program Crt - Court CT ~ Court Trial CTS - Credit for Time Served Dec! - Declared Def~ Defendant DEJ - Deferred Entry of Judgment DOR ~ Dept 0f Revenue DPF - Drug Program Fee DRF -- Diversion Restitution Fee DSA - Defendant’s Statement of Assets DV - Domestic Violence DVPO - Domestic Violence Promfive Order EMAT - Emergency Medical Air Transpartatim Penalty Enhs - Enhancements ERC - Early Resoiulion Calendar FAR w FeIony Advance Resoiution FOP ~ First Offender Program FSF m Future Serious Felony Hrs - Hours HTO - Habitual Traffic Offender ICIN - Conviction Assessment Infraction ICMF -~ Convmtlon Assessment / MISD I Felony IDC - Identification of Counsel llD - Ignition Interlock Device Immig - lmmigrafion Ins - Insurance MDA ~ Motion by District Attorney Mlsd ~ Misdemeanor Mod - Modified MOP - Multiple Offender Program Mos - Monkhs MS- Mandatory SupeMSIon NG- Not Guilty NGBRI~ Not Guilty by Reason of Insanity NWF ~ No Warrant Filed OR - Own Recognizance 0RD - Ordered P/INV - Presentence Investigation Fee PA ~ Penalty Assessment PD - Public Defender Pen - Penalty PO - Probation Office PROS - Post Release Community Supervision Prob - Probation Proc - Proceeding PSet - Preliminary Setting PTC - Preiria! Conference Pur- Pursuant Rest - Receipt of Ref ~ Referred Reg - Register Rem - Remstated Reptr- Reporter Rest - Restricted Restit ~ Restitution Rpt - Report Rvk‘d - Revoked SAP - Sentencing Alternaiive Program SIB MTG - Standby Master Tria| Calendar SECA~ Court Security Fee Sent - Sentenced Stip - Stipulates Susp - Suspended Term’d ~ Terminated TNW - Time Not Waived Trng - Training TW - Time Waived TW/WD ~ Time Waiver Withdrawn Von - Vocational VOP- Violation of Probation VWAC- Victim Witness Assistance Center Wav- Waived Yrs Years flWJJ {2mm mmm ' CASE N0- /- 3 :3;¥,.¢s§an ME: ‘ <3 =: GENmm iframrrts, m .. 52c DATE mu” m7! 9am: szEPT 53x “1% é a=zigw.w:-xz....3:: zsgi'vwzzza-tzxs muxi'":v: (i? “xxiawm <.:§»g::2:3m¢2._;:?.z 42:»; aim: saw sigasxmmm CLERK ,,ig=i3x:l:::w":' cm Him?“ v: , am v 1:1? (3:3. ~ HEARING rm“;"Hwtn- m imr- g 1-9314: ism saquumm. 2:32;; AGENCY w-m'm-am mm «Haw )RTEH': :3: :m-m r" 5U ti‘oéxéngg STATUS “jmme Tw Ks 1mm merma, 5-33..L.:£€5z:3u32 I -=: APo z: EAReEs svmuuwms :24: amen SWLHUQEH 222:3'wmstwg’; wmmuun um» "JT v ‘2’4-{H’ qqm g b ._ H ,2”; A “#30 3r «ms @4 10614? 94m 4M-EX APPEARANCE D Defendant Present [i] Not Present [I] Atty Present "PdK’ AD / PD / IDO / Special App D Arrd D Adv D Arr Wav D Amend Comp/Info B Arr D Plea D [DC [l] PTC D Prob / Sent D Interpreter D Sworn D P0977 D Filed D On File D Reptr. Adv/ Wav D Bail/ OR/ SORP D Rect Dr Rpt D FAR/ ERC D Bail Apply D Balance Exonerated D NG D Entered by CRT D NGBRI /Adv D PSet D Prelim D Readiness D S / B MTC D Bail Exoneratefl D Forfeited Bond#___- D Denies Priors/ Allegations/ 'Enhancements/Refusal D Further D Jury D CT D Peo / Def Wav Jury D Reassumption Filed D Forfeiture Set Aside D Bail Rein D Bal CJ Susp D All but _Hrs/Days/Mos D On Cond Complete Residential Treatment Prgm D Serve Consec MO/TU/WE/TH/FR/SA/SU-_ E] Pre-process- AM/PM D Stay / Surrender l Transport to @ AM/PM or Sooner D REMANDED-BAIL$- D REMAIN AS SET D NO BAIL D COMMI'ITED D RELEASED D OR D SORP D JAC PHONE ASSM’T D P36 D AS COND OF SORP D BAIL INCREASED / REDUCED D TO PRGM AS REC BY JAC DOC TO ARRANGE TRANSPORT UPON AVAIL BED DISTRIBUTION: ORIGINAL - FILE, GREEN ~ DOC, BLUE ~ CJIC / DOR PURPLE - PROBATION, B_RO_WN- DEFENDANT D TW D TNW D TW / WD D TW Sentence fl Ref’d E] $ Costs Within 3O Days to Court D Ref/ Appt PD/ ADO/IDO D Con Decl D Adm A/ F D APO / DADS/ Prop 36 D P36 Re-Assm't SORP / OR D Revoked D Reinstated E] May Post & Forfeit D __..____Relieved-Appt’d U Crim Proc Susp D Rein D Status Hrg [I BW Ordered$____.- D Stayed D To Issue D Hrg on Motion ___ D Doubt Debl Pursuant PC 1368 D No Cite Release/SCIT D No Request D Cash Only D Granted D Denied D Submitted D Off Cal D Subm on Report D Found-_.___ D BW Set Aside D Recalled D Filed D Remain Out D NWF D Stip to Comm D Drs. Appointed-___ D Max Term D Committed -____ D Proof of ,0 l TD Prelim Wav D Certified to General Jurisdiction D MDA/ COM Amended to n 0 II n r , DAmended to D (M) vc12500(a) /vc23103(a) 1:] Pur v023103.5 a DA Stmt Filed - dM 0’W PLEA Conditions: D None D No State Prison D PC17 after 1 Yr Prob D Includes VOP 1i: l W w ’ D Jail / Prison Term of D Add to Cal D Vacate pending date D Dismissal /Striking D Subm time of Sent D Harvey Stip D Adv Max Pen / Parole / Prob / Immig / Appeal D Reg H811590/PC290/PC457.1/PC186.30 D FSF D Fines/Fees D PC29800/29805/30305/666NC14607.8 D Wav Right to D Counsel D Court / Jury Trial D Subpoena / Confront/ Examine Witnesses D Self-incrimination D Written Waiver filed D Plea / Absentia filed D COP D GUILTY D NOLO CONTENDERE to charges & admits enhancements / allegations / priors D PC17 E Arbuckle D Factual Basis found D Findings stated D Prop 36 Granted / Unamenable / Refused / Term D DEJ Eligibility Filed D DEJ Granted / Rein / Term Fee $ D Guilty Plea Rendered D Waives Referral [I APO Full Rpt D CR1 10 issued Fineleees Pay to: D DOR‘ D Traffic 1:] Court D Today D Audit # D Sent Suspended-_____._ D PROBATION DENIED COUNT $ + PA $ D Purs H81 1350d PROBATION D Execution D Imposition of sentence suspended for probation period COUNT $ + PA $ D P0290.3 D COURT D FORMAL PROBATION GRANTED for Days / Mos / Yrs AIDS / CPP $ + PA $____ SORP D Report to APO within Days D Terminated D Upon Release DPF $- + PA$__ EMAT $ D Perform Hrs Volunteer Work as directed PO / SAP D in lieu of fine/Jail LA‘B $_ + PA $___.._ D Not drive w/o valid DL & Ins D Adv V023600 D HTO D Re-refer DRF IRF $ Add’l RF$_ Susp’d PC1 202.44/45 D MOP D FOP D 12 hrs D 3 mos D 9 mos Enroll within days AEF $ Original Fine$____-- D DL Susp/ Restr’d/ Rvk’dfor- D IID Not/Ordered/ Rmv’d Term Yrs ‘SECA/COPA $ CTS P029005 $ D No contact with victim or family / co-defts unless appr by APO D PC1 202.05 ICMF $ TOTAL DUE $ D DVPO issued / mod lterm’d Exp-______ D Victim Present ICIN $__ Payments Granted / Modified D No Contact D Peaceful Contact D DSA thru APO / DOR / CRT D Filed AR $ $_/ Mo beginning D Not own/possess deadly weapons D Destroy/return weapon___.__ SHELTER $ _ FINE STAYED ___ D Stay away from DV $-_ Committed @ $_/day D May Pay Out D Submit Search/Testing D EducNoc Trng/Empl D No alcohol / drugs or where sold A-rl-Y $ ConseC/Conc t0 D Substance Abuse, Psych, Theft, Anger Mgmt, DV, Parenting cnsl / prgm ASF$25/CPF$10$ Fine / Fees D Deemed Satisfied D Commuted D P0296 (DNA) D PC1202.1 HIV Test/ Education p/INVEST $ D P/SUP $ /Mo D Waived VOP: D Wav D Arr’d D Admits/Denies Viol D Court Finds VOP / No VOP CJAF $129_75/$259_50 $ D Addtvl Fees Waived Prob Rein / Mod / Term’d / Revoked / Remains Revoked / EXTt0__- D SEGA, [CME ICIN, CJAF’ PINVESTI pSUP FEES NOT COND. OF pROBD Original Terms & Conditions Except as Amended herein D Restit D Gen $ to géitermmous With D NO Further Penalties l ReVleWS D As determined by APO/Court D Referred to VWAC D Collect Civilly JAIL/PRISON D See Attachm’t Pg D CDCR/Parole collect restit from Def’s earnings D Blended Sentence County Jail Count F/M Violation Prison Term / Yrs Enhancement/ Priors Yrs / Styd / Strkn HRS / DAYS / MOS Enhancement Yrs/S Enhancement Yrs/S Enhancement Yrs/S Enhancement Yrs/S Enhancement Yrs/S Total CTS=-ACT + D 4019 D 1/2 D 1/3 D P029331_-Total Total term. . CDCR / PC 1170h D Straight time D In Camp D WWP D PC1209 Fees D Waived D Court Rec All / Except D EMP/PSP/ERP/DRP/Co Parole/NP D Sent Deemed Srv’d D Rpt to ParoIe/Prob w/in D Adv/ORD Yrs/Mos Parole/MS/PRCS/Appeal D Consec D Conc to \ \ ‘ l \ I i l l l \ 1 1 ! l NO'fiCE T0 PROBATEONER Thoroughiy familiarize yourseif with the, conditions of your Probétion, since a Violation of any of the te'rms may render you liable to the foliowing penaaties. However, ii you faithfully perform your duties during your probationary period you are entitledio the privileges hereinafter set forth. See Section 1203 of the Caiiforhia Pena! Coda. TdE DEFENDANY: . 1. Shau immediately upon his/her release from custody, if placed on Formal Probatio, report in person to the Probation Department of the County of Santa Clara and furnish such information r garding his/her setf as may be requested. The defendant shalt, while under Probation; remain in the custody of the Probation Officer and shafl report in person to the Probation Officer once each month, or as otherwise directed. 2, Shal! advise the Probation Officer of place of residence at ail times and shall not leave or move from the County and State of residence without prior approval of the Probation Officer‘ 3. ShaH seek and obtain employment as approved by the Probation Officer. 4. Shaii, whiie 0n either court or formal probation. conduct his/her self honestiy; obey at! laws and rules, orders and reguiafions of the Court' and/or Probation Officer. FfifiTHER CONDITIONS ?URSUANT TO VCZ3600: Shafl not drive any vehicle with any amount of alcohoI/dmgs In his/her body or blood 2. Shah not refuse 10 submit 10 chemécal test of his/her blood breath or urine 3. Shall not drive any vehicle without liability insurance and shall provide proof of insurance if requested to do so by a Peace Officer. 4. Shall not commit any criminal offense and shall obey all iaWS, PRMLEGES: You have the right to have your “record cleared? which means that under the following conditions you have the right to withdraw your plea of guilty or nolo-coritendere or have a verdict‘or finding of guilt set aside and to then enter a piea of not guilty and have the Court dismiss the cha{ges(s) against you and release you from any further penalties and disabilifies resulting from the within charge(s): 1. At the conclusion of your Probationary period (Formal or Court Probation) if you have otherwise complied with ail orders of Court and if there are no charges pengfiing against you (P012034). 2. After one year has eiapsed foiiowing the pronouncement of judgment if you have not been placed on Probation and if you have otherwise ied a good and lawful life and there are no charges pending against you [P012034 (a)]. EXCEPT that said ofiense(s) can be charged against you as a prior convicfion in the case of any criminal proceedings which may be charged against you at a later date. and except further that such (prior conviction) shall be considered a conviction for the purpose of revoking or suspending your privilege Io drive a motor vehicle where appropriate [P01203.4, 1203.4(a) and V013555]. Ta apply for a record ciearance in aif of the above instances, you must contact the Santa Clara County Probation Office at (408) 435-2061. Any person convficted of a felony, the accusatory pleading of which has been dismissed pursuant to Section 3203.4 of the Penal Code, may fiIe a Petition for Certificate of Rehabilitation and Pardon provided that he/she has not been incarcerated since the dismissal of accusatory pleading, is not on Probation for the commission of any other felony, and presents satisfactory evidence of three years residence m California prior to the filing of a Petition PENALTIES: At any time during your Probationary term'any Probation Officer may with or without a warrant reuarrest you and bring you before the Court, and if said Court determines that you have violated any 0f the terms of your Probafion‘ have engaged in any criminal practice, or have any criminal associations, it may revoke and terminate your Probation, and without any further hearing pronounce judgment of imprisonment and deliver you over to the proper officers to serve your sentence, as if Probation had never been granted. AD ~ Alternate Defender AdmlAF ~ Admonition of Attorney Fees Adv ~ Adwsed AEF -- Alcohol Education Fee APO fi Adult Probanon Office App ~ Appalnimem AR - Accounts Receivable Arr - Arraigned 8W ~ Bench Warrant ‘ Ca! ~ Calendar CAP - Community Aflornative Program CDCR - Call! Dept of Corrections & Rehabimafion CJAF- Orjminal Justice Admin Fee COM - Courls Own Motion Conc - Concurrent Con Deal ~ Conflict Declared Cons ~ Consocuiwe COP ~ Change of Plea CPP - Crime Prevention Program Cit - Court CT - Court Tr§al CTS - Credit for Time Selved Dec! - Declared Def - Defendant DEJ - Deferred Entry of Judgment DOR- Dept of Revenue DPF Drug Program Fee DRF- Diversion Re tiiuiion Fee DSA- Defendant’s Statement of Assets DV - Dcmesfic Violence DVPO - Dumpsfic Violence Protective Order ' EMAT ~ Emergency Meéical Arr Transponation Penaity Enhs ~ Enhancements ERG ~ Early Resolution Calendar FAR -- Felony Advance Resolution FOP ~ First Ofiender Program FSF ~ Future Serious Felony Hrs ~ Hours HTO m Habélvai Traffic Offender lCEN ~~ Conviction Assessment Infraction ICMF - Conviction Assessment l MISD I Felony IDG - Identification of Counsel HD - Ignition Interiock Device immig ~ Immigration Ins - Insurance MDA - Moticn by Dismal Attorney Misc! ~ Misdemeanor Mod .- Modified MOP - Multiple Offender Program Mos, - Months MS ~ Mandatory Supervision NG ~ Not Guilty NGBRI - Not Guiliy by Reason of Insanity NWF ~ No Warren! Fiied OR - Own Recognizance 0RD - Ordered P/lNV- Prescntence invesiigation Fee PA - Ponaily Assessment PD - Public Defender Pen - Penalty PO ~« Probation Office PRCS - Post Release Community Supervision Prob - Probation Proc ~ Proceeding PSet - Preliminary Setting PTO - Pretrial Conference Pu: »- Pursuant Rec! - Receipt of RM ~ Referred Reg - Register Rein - Heinetuted ReptrA Reporter Rest - Restricted Restit- Restitution Rpt- Report Rvk‘d - Revoked SAP - Sentencing Aitemafive Program SIB MTC ~ Standby Master Trial Calendar SEGA ~ Coufl Security Foe Sent - Sentenced Sm) -- Stipulates Susp - Suspended Term'd ~ Terminated TNW ~ Time Not Waived Tmn - Training TW - Time Waived TW/WD w Time Waiver Withdrawn Voc m Vocationa! VOP ~ Vsolation 0f Probnlion VWAC ~ Victim Witness ASSistanco Center Wav ~ Waived . Yrs - Years ‘ . $123. WM: @3213 mmm‘r WW CASE NO- 92m zzzmm WEMUE g: . CEN .2..- wmxzz r: 13. 3:2: inmm DATE (3:311:15.- {sz i933: MDEPT w; 41;; PEOPLE vs. manning; "zrmww @mm 1-3.5": cm; x xmmm; mammm‘: " *' ‘ * « L.K.A. am: :11: .smima: 552' CLERK =53“ mmswfix ‘f'izf‘xi "r" {31"'ZT‘Y’ y £32531 CM ”)3 s’x- HEARING ”?EETE‘IQS... {IEQNFEPV’QC E. i ‘JUDGE i"mN n FIC'EK’ENE' 2" J $5} m1” ~ {3 m X3? a AGENCY 53’ 1-~{.}I~»;‘E; hi7” 1 fififiihéyw-Eflmfii‘zl‘ifi REPORTER :i 1 A m. x W1 2m-i ’1 I) v STATUS f3 ~~~~~MP .: Tw "r’ 1 , DEF. A'lTYi...s~~‘lL-‘J "rm » ?:LL. .{imiJi {a .1 D AH f-‘U‘ .n :Z.* L343 1:. “arir'uzn ‘ CHARGES H z. 23:33 * w; £533 ?«3 "> s; a: w (20:9; 3 229:1 53m} x9313: .m"s“':::3:ra§ maxi?" 3 Ch" I r..L§.:‘J.({Z‘ M29 \7 Qmm gt} aNEXT APPEARANCE _ bf 0 1 D Defendant Present Q Not Present Ntty Present AD / PD / IDO / épecial App D Arr’d D Adv Dflav D Amend Comp/lnfo D Arr D Plea D [DC WTC D\ Prob / Sent fl Interpreter D Sworn D P0977 [I Filed On File D Reptr. Adv/ Wav D Bail/ OR/ SORP D R Dr Rpt D FAR/ ERC D Bail Apply D Balance Exonerated U NG D Entered by CRT D NGBRI /Adv D PSet D Prelim D Readiness D S / B MTC D Bail Exonerated D Forfeited Bond # D Denies Priors/ Allegations/ Enhancements/Refusal D Further D Jury D CT D Peo / Def Wav Jury D Reassumption Filed D Forfeiture Set Aside D Bail Rein D TW D TNW E] TW / WD [j TW Sentence D Ref’d [:1 $ Costs Within 30 Days to Court D Ref/ Appt PD/ ADO/ IDO D Con Dec! D Adm A/ F D APO / DADS/ Prop 36 D P36 Re-Assm’t SORP / OR D Revoked D Reinstated D May Post & Forfeit D ____..___Reli v d ’ , D Crim Proc Susp D Rein D Status Hrg D BW Ordered$__- D Stayed D To Issue fifirg on MotionDEW D Doubt Decl Pursuant PC 1368 D No Cite Release/SCIT D No Request D Cash OnlyD Granted eDnied D Sub itt d D Off Cal D Subm on Report D Found-____ D BW Set Aside |:] Recalled D Filed D Remain Out D NWF D Stip to Cm D Drs Appointed_____ D Max Term D Commit’ted-_ D Proof of D Prelim Wav D Certified to General Jurisdiction D MDA / COM Amended to a Amended to [J (M) vc12500(a) /v023103(a) [I Pur v023103.5 D DA Stmt Filed D PROP- 47 PLEA Conditions: D None D No State Prison E PC17 after 1 Yr Prob D Includes VOP D‘Jail / Prison Term of D Add to Cal D Vacate pending date D Dismissal / Striking D Subm time of Sent D Harvey Stip D Wav ‘Right to D Counsel D Court / Jury Trial D Subpoena / Confront/ Examine Witnesses D SeIf-incrimination D Written Waiver filed D Plea / Absentia filed D COP |j GUILTY D NOLO CONTENDERE to charges & admits enhancements / allegations / priors D PC17 D Arbuckle D Factual Basis found D Findings stated D Prop 36 Granted / Unamenable / Refused / Term D DEJ Eligibility Filed D DEJ Granted / Rein / Term Fee $ D Guilty Plea Rendered D Waives Referral D APO Full Rpt D CR1 1O issued Fines/Fees Pay to: D DOR D Traffic D Court D Today D Audit # D Adv Max Pen / Parole / Prob / lmmig / Appeal D Reg H81 1590/P0290/PC457.1/PC186.30 E] FSF D Fines/Fees D P029800/29805/30305/666NC1 4607.8 i D Sent Suspended .._.._ D PROBATION DENIED COUNT $ + PA $ D Purs HS1 1350d PROBATION D Execution [:1 Imposition of sentence suspended for probation period COUNT $ + PA $ D PC2903 E COURT D FORMAL PROBATION GRANTED for Days / Mos / Yrs AIDS / CPP $ + PA$_ SORP D Report to APO within Days D Terminated D Upon Release DPF $_ + PA$___ EMAT $ D Perform Hrs Volunteer Work as directed PO / SAP D in lieu of fine/Jail LAB $_ + PA$___ [:1 Not drive w/o valid DL & Ins D Adv VC23600 D HTO D Re-refer DRF /RF $ Add’l RF$__ Susp’d PC1202.44/45 D MOP El FOP E] 12 hrs D 3 mos D 9 mos Enroll within days AEF $_ Original Fine$-._« [j DL Susp/ Restr’d/ Rvk’dfor- fl [ID Not/Ordered/ Rmv’d Term Yrs SECA/COPA $___ CTS PC2900.5 $ D No contact with victim or family / co-defts unless appr by APO D PC1 202.05 ICMF $ TOTAL DUE $ D DVPO issued / mod lterm’d Exp_____.__ D Victim Present ICIN $__ Payments Granted / Modified D No Contact D Peaceful Contact D DSA thru APO / DOR / CRT D Filed AR $- $...._/ Mo beginning D Not own/possess deadly weapons D Destroy/return weapon- SHELTER $ FINE STAYED___..._- D Stay away from ‘ DV $ Committed @ $ lday D May Pay Out D Submit Search/Testlng E] EducNoc Trng/Empl D No alcohol / drugs or where sold ATTY $ ConseC/Conc to E] Substance Abuse, Psych, Theft, Anger Mgmt, DV, Parenting cnsl / prgm ASF$25/CPF$10$ Fine / Fees [1 Deemed Satisfied D Commuted ID P0296 (DNA) D PC1 202.1 HIV Test/ Education p/INVEST $ D p/SUP$ /Mo D waived VOP: D Wav D Arr’d D Admits/Denies Viol D Court Finds VOP / No VOP CJAF $12975/$259.50 $ D Add“ Fees Waived ‘Prob Rein / Mod /Tel’m’d / Revoked / Remains Revoked / Ext o- D SECA |CMF ICIN CJAF pINVEST PSUP FEES NOT COND OF pROBD Original Terms & Conditions Except as Amended herein D Restit’ D G’en 3;, I ’ t0 ‘ géfimrmmous W'th D N0 Further Pena't'es / Rev'ews g As determined by APO/Court D Referred to VWAC D Collect Civmy ‘ JAILIPRISON D See Attachm’t Pg D CDCR/Parole collect restit from Def’s earnings D Blended Sentence County Jail Count F/M Violation Prison Term / Yrs Enhancement / Priors Yrs / Styd / Strkn HRS / DAYS / MOS Enhancement Yrs/S Enhancement Yrs/S Enhancement Yrs/S Enhancement Yrs/S Enhancement Yrs/S Total CTS=-ACT + D 4019 D 1/2 D 1/3 D PC2933.1___... Total Total term . CDCR/ PC 1170h D Straight time D In Camp D WWP D PC1209 Fees D Waived D Court Rec_Al| / Except D EMP/PSP/ERP/DRP/Co Parole/NP D Sent Deemed Srv’d D Rpt to ParoIe/Prob‘w/in D Adv/ORD Yrs/Mos Parole/MS/PRCS/Appeal D Consec D Conc to D Ba! CJ Susp D All but ___Hrs/Days/Mos D On Cond Complete Residential Treatment Prgm D Serve Consec MONU/WE/TH/FR/SA/SU D Pre-process_._.___ AM/PM D Stay I Surrender / Transport to @ AM/PM or Sooner D REMANDED-BAIL $_._____- D REMAIN AS SET D NO BAIL D COMMITTED D RELEASED D OR D SORP D JAC PHONE ASSM’T D P36 D AS COND OF SORP D BAIL INCREASED / REDUCED D TO PRGM AS REC BY JAC DOC TO ARRANGE TRANSPORT UPON AVAIL BED 1‘ DISTRIBUTION ORIGINAL - FILE, GREEN- DOC, BLUE CJIC / DOR PURPLE- PROBATION, BROWN - DEFENDANT , NO’RCE TO PROBATSONER a Thoroughly familiarize yourseif with the conditions of your Probation, since a vioiafion of any of the terms may render you liable (o the following penaities. However, if you faithfully perform your duties during your probationary period you are entitled to the privileges hereinafter set form See Section 1203 of the Caiifomia Penal Code. THE DEFENDANT: 1. Shaii immediately upon his/her release from custody, if placed on Formal Probation, report in person to the Probation Department of me County 0f Santa Clara and furnish such information regarding his/her seh‘ as may be requested. The defendant shall, while under Probation, remain in the custody of the Probation Officer and shali report in person 10 ihe Probation Officer once each month, or as otherwise directed. 2. Shaii advise the Probation Officer of piace of residence at a” times and shall not leave or move from the County and State of residence without prior approval of the Probation Officer. 8. Shafl seek and obtain employment as approved by the Probation Officer. ‘4. Shaw, whiie on either court or formal probation conduct his/her self honestly; obey aIE iaws and ruies orders and regulations of the Court and/or Probation Officer WRTHER COND§TIONS ?BRSUAN’? T0 V623606: Shall not drive any vehicle with any amount of alcohoi/drugs In hEs/her body or blood 2. Shaii not refuse to submit to chemical test of his/her blood breath or urine 8. Shail not drive any vehicle without liability insurance and shall provide proof‘of insurance if requested to do so by a- Peace Officer. 4. Shai! not commit any criminal offense and shall obey all laws. PRIViLEGES: Y'ou have the right to have yqur “record cleared" which means that under the fqflowing conditions you have the right to withdraw your piea of guilty or nolo contendere or have a verdict or finding of guilt set aside and to then enter a piea of not guilty and have the Com dismiss the charges(s} against you and release you from any further penalties and disabih'ties resulting from t’ne within charge(s): ' - 1. At the conchsion of your Probationary period (Formal or Court Probation) if you have otherwise compiied wéih a1! orders of Coun and if there are no charges pending against you (PC12034). 2. After one year has elapsed following the pronouncement of Eudgment ii you have not been placed on Probation and if you have otherwise led a good and-lawful fife and there are nacharges pending against you [P012034 (a)]. EXCEPT that said offense(s) can be charged against you as a prior conviction in the case of any criminai proceedings which may be charged against you at a later date‘ and except further that sugh (prior conviction) shall be considered a conviction for the purpose of revoking or suspending your privilege to drive a motor vehicie where appropriate [P01203.4, 1203(4(a) and VC13555]. To apply for a record clearance"m ail of the above instances, you must contact the Santa Ciara Couniy Probation Office at {468) 435-2661 Any person convicted of a felony, the accusatory pleading of which has been dismissed pursuant t0 Section 1203.4 of the Pena! Code, may file a Petition for Certificate of Rehabilitation and Pardon provided that helshe has not been incarcerated since the dismissal of accusatory pleading, is not 0n Probation‘ for the commission of any other ieiony, and presents satisfactory evidence of 1hree years residence in California prior to the filing of a Petition PENALTIES: At any time during your Probationary term any Probation Officer may with orwithout a warrant re-arrest you and bring yqu before the Count, and if said Court determines that you have violated any of the terms of your Probation, have engaged in any criminal practice, or have any criminal associations, it may revoke and terminate your Probation, and without any further hearing pronounce judgment of'imprisonmem and deiiver you over to improper officers to serye your sentence, as if Probation had never been granted. AD - Alternate Defender Adm/AF ~ Admonition of Attorney Fess Adv ~ Adwsed AEF - Alcohol Education Fee APO - Adult Probation Office App - Appomtment ‘ AR - Accoums Receivable Arr - Arraigned BW ~ Bench Warrant Ca! - Calendar CAP - Community Alfemative Program ODOR - Calif Dept of Corrections & Rehabilitation CJAF a Criminal Justice Admin Fee COM - Couns Own Motion Conc - Concurrent Con Dem -- Conflict Declared Cons ~ Consecutive COP ~ Change of Plea CPP - Cams: Prevention Program Cn - Court CT » Com Trial CTS - Credit for Time Served DecI a DaciPred Def a Defendant DEJ ~ Duiermd Entry of Judgment DOR - Dept of Revenuu DPFw Drug Program Fee DRF - Diversion Restitution Foe DSA ~ Defendant’s Statement of Assets DV - Domestic Violence DVPO - Domestic Vioience Protective Order EMAT - Emergency Medical Air Tmnsponanon Penalty Enhs - Enhancements ERG - Eariy Resoéutaon Calendar FAR - Felony Advance Resolution FOP -~ first Offender Program FSF - Future Serious Felony Hrs ~ Hours ' ‘ HTO -- Habitual! Traffic Offender ICiN - Convaciion Assessment Infraction ICMF - Conviction Assessment I MISD / Felony lDC ~ identification of Counsel llD - ignition lnteriock Device Immiq - ’mmigration Ins ~ Insurance MDA ~ Motionhy Dlfiirict Attorney Mlsd - Misdemeanor Mod n Modified MOP - Munipb offends: Program Mos - Months MS - Mandatory Supervision . NG -- Not Guilty NGBR! « Not Guilty by Reason of !nsani:y NWF ~ No Warrant Filed OR ~ Own Recognizance 0RD ~ Ordered PIINV - Presenicnce Investigation Fae PA - Penalty Assessment PD - Pubiic Defender Pen - Penalty PO ~ Probation Office _ PROS ~ Post Release Community Supervision Prob - Probation Proc ~ Proceeding PSet ~ Preliminary Setting PTC - Pretrial Conference Pur~ Pursuant Recl -- Receipt of Ref - Referred Reg - Register Rein - Reinstated Reptr- Reporter Rest - Restricted Restit~ Restitution Rpt - Report Rvk‘d -- Revoked SAP ~ Sentencing Alternative Program SIB MTG - Standby Master Trial Calendar SEGA - Court Security Foe Son! - Sentenced Stip - Stipuiates Susp - Suspended Term‘d ~ Terminated TNW ~ Time Nat Waived ng - Training TW ~ Time Waived TW/WD - Time Waiver Withdrawn Vac - Vocational VOP - Vzolation of Probation VWAC v chtim Witness Asststance Center Wav - Waived Yrs ~ Years 10 11 12 13 14 15. 16 17 18 19 20 21 22 23 24 25 JEFFREY F. ROSEN (SBN 163589) I L EDISTRICT ATTORNEY BRIAN A. KING (SBN 301242) DEPUTY DISTRICT ATTORNEY 270 Grant Ave., 4th Floor AUG 2 5 2017 Palo Alto, CA 94306 C‘ k f the CourtTelephone: (650) 324-6411 Bsupemr car“ m0 03ammm DEPUTY AttornCYS for the People of the State of California “WR'G'NAL SUPERIOR COURT OF THE STATE OF CALIFORNIA SANTA CLARA COUNTY JUDICIAL DISTRICT PEOPLE ‘OF THE STATE OF CALIFORNIA, 3 case NOJ B1688942 Plaintiff, ) ) PEOPLE’S OPPOSITION TO VS‘ ) DEFENDANT’S REPLY BRIEF TO THE RONALD DARREN QUINTERO ) MOTION TO SUPPRESS EVIDENCE . ’ ) Defendant. ) ) Date: August 25, 2017 ) Time: 9:00 AM Dept: 84 STATEMENT OF THE CASE Ronald Quintero (hereinafter “Defendant”) filed a motion to suppress evidence 0n March 27, 2017. The People filed an opposition to the motion on March 29, 2017. This Court heard evidence 0n June 2, 2017. The Court ordered Defendant t0 file a reply by July 14, 2017. Defendant filed a reply 0n August 22, 2017. Defendant raises two contentions in his reply papers. 'First, Defendant contends that Officer Eckford lacked reasonable suspicion to stop his vehicle. Second, Defendant contends that the PAS test was the implied consent test because Officer Eckford told Defendant it was the implied consent test. The People urge the Court t0 deny Defendant’s motion based on the following points and authorities. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25‘ STATEMENT OF FACTSl On September 16, 2016 at approximately 2:36 a.m., Officer Eckford saw Defendant driving in the number two lane on Mathilda Road. Officer Eckford saw Defendant’s vehicle drift his halfway across the number three lane for 1-2 seconds on two separate occasions. Officer Eckford recognized this as a Violation of the California Vehicle Code. Officer Eckford conducted a traffic stop that extended into a driving under the influence investigation based on Defendant’s objective signs of intoxication. The investigation included a preliminary alcohol screening (PAS) test. Before the PAS test, the following dialogue took place, as captured in People’s Exhibit 2a: Officer Eckford: Okay, the next test I’m gonna ask you to do is called the preliminary alcohol screening device test. It’s that thing that you blow into, okay? Defendant: Okay. Officer Eckford: This (is an) (isn’t) implied consent test, okay?2 If you are arrested for DUI, you’ll be required t0 give a sample of your blood or breath as evidence in this case, okay? Defendant: (Nods head up and down) After Defendant produced two PAS samples that were well above the legal limit, Defendant was placed under arrest for driving under the influence. As captured in People’s Exhibit 2b, Defendant was informed, at length, of the requirement under California law to provide a post- arrest breath or blood sample. Defendant requested to speak With an attorney. Officer Eckford 1 The facts here are tailored t0 Defendant’s two contentions raised in his reply brief. 2 Officer Eckford appears to say either “This is an implied consent test, okay?” or “This isn’t implied consent test, okay?’.’ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 advised Defendant that he was required to‘ submit to the chemical test before speaking With an attorney. Among other contentions, Defendant told Officer Eckford: Defendant: Well, you already did the breath sample. .. Officer Eckford: Right, so we have to get one. This was preliminary alcohol screening device, right? Defendant: (Nods head up and down) Officer Eckford: The one we have at the jail is much more delicate, right? Defendant continued to request an attorney. Officer Eckford informed Defendant that he had the implied consent law in writing for Defendant to review once back at the police station. Defendant agreed that he would look at the written version 0f the implied consent law and then make his selection ofbreath or blood. Once at the jail, as seen in People’s Exhibit 20, Officer Eckford showed Defendant the implied consent law as written on the DS-367. Officer Eckford then reiterated the implied consent law to Defendant: Officer Eckford: So because you have been arrested for DUI, you are required by state law to submit to a chemical test to determine the alcohol and or drug content of your blood. You have a choice of taking breath or blood. If you refuse t0 submit or fail to complete a chemical test, your driving privilege Will be suspended for one year or up to three years. Refusal 0r failure t0 complete a chemical test will be used against you in court. Refusal or failure to complete the test will also result, 0r may result in imprisonment, if this arrest leads t0 a DUI conviction. This is the line I talked about, you d0 not have the fight to talk to an attorney or 10 11 12 13 14 15 16 17 18 19 20 21 22 23‘ 24 25 have an attorney present before deciding what test to take. If you cannot, or state you cannot, complete the test, for example if you say you can’t complete the breath test, we’ll do a blood test. OK, does that all make sense? Defendant: Of course, yeah, yeah, and I want you t0 bear With me mister. .. Officer Eckford: Sure Defendant: Or officer. Officer Eckford: N0 problem. Defendant: This is my first time. Officer Eckford: No problem dude Defendant: This is new to me, I’m a little nervous Officer Eckford: Absolutely Defendant: No, of course. Um, Imean, since you guys have already taken a breath test, I’ll go ahead and go forward With the breath test. Officer Eckford: Cool, breath test works just fine. Defendant then provided a chemical breath sample. STATEMENT OF LAW AND ARGUMENT I. OFFICER ECKFORD HAD REASONABLE SUSPICION T0 DETAIN DEFENDANT BECAUSE HE OBSERVED DEFENDANT COMMIT A VIOLATION OF THE VEHICLE CODE. An officer With reasonable suspicion that a motorist has violated the California Vehicle Code may stop the vehicle involved for investigation. “Ordinary traffic stops are treated as investigatory 'detentions for Which the officer must be able to articulate specific facts justifying the suspicion that a crime is being committed. [Citations.]” (People v. Hernandez (2008) 45 Ca1.4th 295, 299.) The issue is not Whether the traffic law was actually violated, but Whether an “objective 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 manifestation” that the person may have committed such an error was present. (People v. Logsdon, supra, 164 Ca1.App.4th at p. 746.) In People v. Butler (1978) 81 Ca1.App.3d Supp. 6, the court held that Vehicle Code section 21658, subdivision (a) should be read as imposing two affirmative duties upon drivers. One of these duties “is to drive as nearly as practicable entirely Within one lane.” (Id. at p. 8.) According t0 the court in Butler, a Violation of Vehicle Code section 21658, subdivision (a) occurs whenever a driver fails to drive Within a single lane, even if‘the movement of the vehigle is not apparently unsafe. (Ibid; cf. Moore v. Miller (1942) 51 Ca1.App.2d 674, 682 [finding that the evidence made it likely “that defendant’s swerve to the right brought him into compliance with this provision of the code,” formerly Vehicle Code section 526].) While Butler is not binding authority on this Court, our Supreme Court approved its statutory interpretation analysis. (See People v. Skinner (1985) 39 Ca1.3d 765, 775, “The inadvertent use of ‘and’ where the purpose or intent of a statute seems clearly to require ‘or’ is a familiar example of a drafting error which may properly be rectified by judicial construction”) Thus, this Court should also find that California Vehicle Code section 21658 requires a driver to drive as nearly as practicable entirely within one lane. Further, there are. out of state published decisiofis that interpret statutes nearly identical to California Vehicle Code section 21658 to prohibit the crossing of lane lines Without requiring unsafe movement. (See, e.g., Dads v. State (Wyoming Supreme Court 2010) 240 P.3d 1208 [reasonable‘suspicion exists where driver crossed White fog line]; State v. Mays (Ohio Supreme Court 2008) 894 N.E.2d 1204 [reasonable suspicion exists Where motorist twice crossed over white edge 1ine].) Defendant cites a 9th Circuit case, United States v. Colin (2002, 9th Circuit) 314 F.3rd 439 and argues that the facts of this case are similar. They are not. In Colin, the Defendant did not cross the line between lanes. Colin is very clear in distinguishing the difference between touching 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and crossing a lane line. In Colin, the court emphasized, “Estrada-Nava and Colin's car touched for approximately ten seconds, but did not cross, the fog line and the solid yellow-painted line.” (Id. at 444 [emphasis in 6rigina1].) Herei Officer Eckford observed Defendant’s cross half of his vehicle from the number two to the number three lane twice without signaling. As Vehicle Code section 21658, subdivision (a) mandates that “a vehicle shall be driven as nearly as practical within a single lane,” the movement of Defendant’s vehicle across the lane marker presented a clear Violation 0f the Vehicle Code. In Witnessing this Violation, Officer Eckford had reasonable suspicion to conduct a traffic enforcement stop. II. DEFENDANT’S BREATH WAS TESTED INCIDENT TO HIS ARREST FOR DRIVING WHILE INTOXICATED, AND HE PROVIDED BOTH IMPLIED AND EXPRESS CONSENT TO THE TEST. A. UNDER BIRCHFIELD, AN OFFICER MAY SEIZE A CHEMICAL BREATH SAMPLE INCIDENT TO A LAWFUL ARREST FOR DRIVING UNDER THE INFLUENCE. “One of the specifically established exceptions to the Fourth Amendment’s warrant requirement is ‘a search incident t0 a lawfill arrest.” (People v. Diaz (201 1) 51 Ca1.4th 84, 90.) An officer may always thoroughly search a person incident t0 arrest when the person is taken into lawful custody, regardless of the offense for Which the arrest is made. (United States v. Robinson (1973) 414 U.S. 218; Gustafson v. Florida (1973) 414 U.S. 260; People v. Monroe (1993) .12 Ca1.App.4th 1174, 1195; People v. Boren (1987) 188 Ca1.App.3d 1171, 1175-1176.) The right to search attaches once the person is taken into custody-it doeé not matter that he or she Will be released without booking. (People v. Castaneda (1995) 35 Ca1.App.4th 1222, 1228.) Incident to the arrest officers may conduct a limited search “(1) for instrumentalities used to commit the crime, the fruits of that crime, and other evidence thereof Which Will aid in the apprehension or conviction of the criminal; (2) for articles the possession of Which is itself unlawful, such as contraband or goods known t0 be stolen; and (3) for weapons Which can be used 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to assault the arresting officer or to effect an escape.” (People v. Superior Court (Kiefer) (1970) 3 Ca1.3d 807, 3 12-3 13.) The fact of a lawfill custodial arrest alone establishes the authority to search-no additional justification or suspicion is required. (United States v. Robinson, supra, 414 U.S. at pp. 234-235; Gustafion v. Florida, supra; People v. Superior Court (Kiefer), supra, 3 Ca1.3d at p. 813.) The' Supreme Court has held recently that “the Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving” because “[t]he impact ofbreath tests on privacy is slight, and the need for BAC testing is great.” (Birchfield v. North Dakota (2016) 579 U.S. __) _ [136 S.Ct. 2160, 2184, 195 L.Ed.2d 560] (Birchfield).) According to the court in Birchfield, [h]umans have never been known to assert a possessory interest in or any emotional attachment t0 any of the air in their lungs. The air that humans exhale is not part 0f their bodies. Exhalation is a natural process-indeed, one that is necessary for life. Humans cannot hold their breath for more than a few minutes, and all the air that is breathed into a breath analyzing machine, including deep lung air, sooner or later would be exhaled even Without the test. (Birchfield, supra, 579 U.S. __, ___ [136 S.Ct. at p. 2177, 195 L.Ed.2d 560].) Here, the Court should uphold the warrantless search 0f Defendant’s expelled air incident to his lawfill arrest3 for driving under the influence. As established by the evidence presented at the motion t0 suppfess, Officer Eckford had probable cause to arrest Defendant for driving while intoxicated. Thus, the Court should not suppress the evidence ofDefendant’s blood alcohol content from the chemical breath test. B. DEFENDANT PROVIDED IMPLIED CONSENT TO THE CHEMICAL BREATH TEST. Vehicle Code section 23612 establishes California’s implied consent regime With respect drivers ofmotor vehicles; pertinently, subdivision (a)(1)(A) establishes that “[a] person Who drives a motor vehicle is deemed to have given his or her consent to chemical testing 0f his 0r her blood 3 In his reply, Defendant does not contend that the officer lacked probable cause to arrest him for driving under the influence based on his objective signs and symptoms of alcohol intoxication, his performance on the field sobriety tests, and his PAS results. 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . . / or breath for the purpose of determining alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in Violation of Section 23152 .” Additionally, subdivision (a)(1)(C) stipulates that “[t]he testing shall be incidental to a lawful arrest and administered at the direction of a peace officer having reasonable cause to believe the person was driving a motor vehicle in violation of Section 23152 .” With respect to implied consent, [a] motorist’s submission t0 a chemical test, if freely and voluntarily givgn, is actual consent under the ,Fourth Amendment. That the motorist is forced to choose between submitting to the chemical test and facing serious consequences for refusing to submit, pursuant to the implied consent law, does not in itself render the motorist’s submission to be coerced or otherwise invalid for purposes of the Fourth Amendment. (People v. Harris (2015) 234 Ca1.App.4th 671, 689, fn. omitted). Here, Defendant provided his implied consent to chemical breath testing by driving a motor vehicle. Officer Eckford repeatedly explained the implied consent law to Defendant. Defendant argues that Officer Eckford incorrectly admonished Defendant that the PAS test was the implied consent chemical test. Assuming arguendo that the PAS admonishment was incorrect, Defendant fails to cite any authority that requires suppression under the Fourth Amendment. Further, Defendant acknowledged that he understood the difference between the PAS and chemical breath test by nodding his head in recognition after Officer Eckford explained the difference to him. Thus, the Court should not suppress the evidence 0f Defendant’s blood alcohol content from the chemical breath test. C. DEFENDANT PROVIDED EXPRESS CONSENT TO THE CHEMICAL BREATH TEST. Voluntary consent to search permits an officer to search Without a warrant and establishes the reasonable nature of the search. (People v. Michael (1955) 45 Ca1.2d 751, 753; People v. Tremayne (1971) 20 Ca1.App.3d 1006, 1015.) Consent to search is not a waiver of one’s constitutional rights. (Schneckloth v. Bustamonte (1973) 412 U.S. 218, 243-246; People v. Tremayne, supra.) Consent to search must be voluntary and freely given and not mere submission 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to an assertion of authority by law enforcement. (People v. James (1977) 19 Ca1.3d 99, 106.) Voluntafiness is a question 0f fact t0 be resolved by considering all the surrounding circumstances. (Schneckloth v. Bustamonte, supra, 412 U.S. at pp. 248-249; People v. James, supra.) The prosecution has the burden of showing the voluntariness of the consent by a preponderance of the evidence. (People v. James, supra, at p. 106, fn. 4; People v. Henderson (1990) 220 Ca1.App.3d 1632, 1650.) Whether a defendant has consented to a search is measured by an objective standard-how a reasonable person would have understood the exchange between the officer and the defendant. Thus, the defendant’s subjective state of mind or intent is not determinative 0f the question. (People v. Wheeler (1974) 43 Ca1.App.3d 898, 903; see also Florida v. flmeno (1991) 500 U.S. 248, 251.) As explained above in People v. Harris, a motorist’s submission to a chemical test, if freely and voluntan'ly given, is actual consent under the Fourth Amendment. (234 Ca1.App.4th at 689.) Here, the evidence shows that Defendant expressly consented to Officer Eckford’s request for him to provide a blood 0r breath sample. Although Defendant was reluctant to believe that he could not talk With a lawyer before selecting the chemical test option, the evidence shows that his decision to provide a breath sample was given freely and voluntarily. He was largely cooperative With the entire investigation and consistently indicated that he understood Officer Eckford’s requests. CONCLUSION Officer-Eckford lawfully conducted a vehicle stop after observing Defendant commit a Violation of California Vehicle code section 21658(a). The breath test conducted incident to Defendant’s arrest by Officer Eckford to preserve evidence of his crime was permissible under the Fourth Amendment. Even if this was not the case, Defendant impliedly consented to a breath test by driving a motor vehicle in the state of California; the fact that she may have known of possible 10 11 12 13 14 15 16 17 18 19 20 21 22’ 23 24 25 punishment for a refusal of that testing did not render her consent involuntary. And even if that was not the case, Defendant affirmatively consented to the chemical breath test by saying 1’11 go ahead and. go forward with the breath test “breath” after Officer Eckford read the chemical test admonition. For these reasons, the People respectfully request that the Court deny Defendant’s motion to suppress evidence pursuant to Penal Code Section 1538.5. DATED: August 25, 2017 RESPECTFULLY SUBMITTED, JEFFREY F. ROSEN District Attorney BRIAN A. KING Deputy District Attorney 10 10 11 12 13 14 15 16 17 18 19 20 , O C Case: People V. Quintero oR‘G‘NAL Docket N0: B1688942 ~~ PROOF OF SERVICE I am a citizen of the United States, émployed in the County of Santa Clara, State of California. I am over the agé of 1 8 years and not a party to the above-entitled action. My business address is: Office of the Distn'ct Attorney, 270 Grant Avei, 4th Floor, Palo Alto, CA 943 06. On August 25, 2017 I served the following document(s) upon the interested parties herein by the method(s) indicated below: PEOPLE’S WITNESS LIST, MOTIONS IN LIMINE, AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF BY FIRST CLASS MAIL: by placing a true copy thereof, enclosed in a sealed envelope, for postage and deposit With the US. Postal Service on the same date it is submitted for mailing, and addressed as follows: BY PERSONAL DELIVERY: by causing a true copy thereof to be hand-carried to the recipient at the address indicated: . BY FACSIMILE TRANSMISSION: by faxing a true copy thereof to the recipient at the facsimile number indicated: BY COUNTY PONY MAIL: by placing a true copy thereof, enclosed in a sealed envelope, addressed as follows: HX_BY HAND DELIVERY: by hand-delivering a true copy thereoft0 the following: Amanda Lawrence, Defense Counsel for Ronald Quintero I declare under penalty ofperjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on August 25, 2017 at San Jose, California. Brian ng Deputy Distn'ct Attorney 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 cg ' ‘0 Katsuranis & Rodriguez Attorneys at Law 2703 7th St., Mailbox #215 Berkeley, CA 94703 By 2 Francisco Rodriguez, Esq. (415) 378-4133 Attorneys for Defendant 1N THE SUPERIOR COURT OF THE STATE OF CALIFORNLA FOR THE COUNTY OF SANTA CLARA THE PEOPLE OF THE STATE OF Case N0. B1688942 ) 3 CALIFORNIA: > DEFENDANT’S RESPONSE T0 Plaintiff, g PROSECUTOR’S RESPONSE AT THE ’ ) MOTION To SUPPRESS EVIDENCE vs. ) ) DATE: 8/25/17 RONALD QUINTERO, ) Dept: 84 ) r.- . - A-W“ Defendant. ) T‘M’b 'q ' 60 TO THE DISTRICT ATTORNEY OF SANTA CLARA COUNTY: On June 2, 2017, the Court held a hearing to determine if 1) If there was a warrant for Mr. Quintero’s arrest. If not, if there was 2) Reasonable Suspicion to detain Mr. Quintero; 3) If there was sufficient evidence presented that the arresting officer had sufficient probable cause t0 arrest Mr. Quintero; and lastly, 4) If there was a warrant or an exception to the warrant requirement for any all subsequent searches 0f Mr. Quintero (The Preliminary Alcohol Screening test and the breath test). /// 1 Motion to Suppress Evidence 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FACTS ESTABLISHED AT THE HEARING ON THE MOTION I.) THE STOP After the Defendant moved t0 suppress, in accordance With the moving papers filed and the stated things t0 be challenged, as stated at the hearing. The Prosecutor called one witness to the stand, Who was the arresting officer. The Deputy testified that he was moving 0n Mathilda Ave in the city of Sunnyvale when he observed the Defendant’s vehicle. He testified that he observed the vehicle cross over the broken White lane lines twice for one to two séconds each time. The officer did not observe any other Vehicle Code Violations. II.) THE ARREST, CONDUCTED WITHOUT A WARRANT The Deputy then initiated a traffic stop on Mathilda Ave. in the city of Sunnyvale. After the vehicle came to a stop Without incident, the Deputy approached the Defendant and asked him to get out of the vehicle after seeing potential evidence 0f driving under the influence. The Defendant complied and after a series of field sobriety tests, the defendant was placed under arrest for suspicion of driving under the influence. III.) THE SEARCHES CONDUCTED WITHOUT A WARRANT PAS/BREATH TEST Prior to the arrest, the Deputy had read the Defendant an admonition, relating t0 him not being legally required t0 take a PAS test, Which had been offered by the Deputy to the Defendant prior to arrest. However, during this admonition, the Officer (as seen on the body worn camera that was admitted into evidence) related t0 the Defendant that the PA_S test “was the implied consent test.” After taking the PAS test, the Deputy placed Mr. Quintero under arrest and informed him that, in essence (do not have access to the record t0 be able to establish a quotation), he was required to take a blood 0r a breath test because he had been legally 2 Motion to Suppress Evidence 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25‘ 26 27 28 arrested for a driving under the influence. (it should be noted that California law requires that arresting law enforcemént read the full admonition found in Vehicle Code section 23612? t0 the arrestee.). Mr. Quintero, after much questioning, complied with the Deputy only because he understood, from the Deputies’ admonition to him, that ‘hem RE;ZUIRED BYLAW to submit t0 such search (the breath test). Once he arrived at the jail, Mr. Quintero’s breath sample was eventually acquired. DISCUSSION I. THE STOP AND DETENTION OF THE DEFENDANT WAS NOT BASED ON ARTICULABLE SUSPICION, AND THUS DOES NOT MEET THE FOURTH ANIENDMENT WARRANT REQUIREMENT. In United States v. Colin, (2002, 9th Circuit) 3 14 F.31‘d 439, a similar set of facts occurred. Here is what the Colin court had to say about a stop predicated upon crossing a fog line for 10 seconds and then touching the yellow line on thé left for another 10 seconds: Although we recognize that in some cases evidence of weaving might be indicative of driving under the influence, we disagree that the evidence in this case was sufficient for Carmichael to harbor a reasonable suspicion that Estrada-Nava was driving under the influence, thus justifying the stop. Carmichael testified that he observed Estrada-Nava and Colin's vehicle for 35-45 seconds before pulling it over, and that during this time, Estrada-Nava drove within the speed limit and properly activated his turn signals before making lane Changes. Carmichael thought Estrada-Nava was "possibly" driving under the influence because the car's wheels touched the fog line on the right side of the right lane for 10 seconds and then, about 5-10 seconds later, touched the yellow line on the far left 0f the left lane for another 10 seconds. 3 Motion to Suppress Evidence 14 15 16 17 18 19‘ 20 21 22 23 24 '25 26 27 28 the only "suspicious" behavior Carmichael observed was Estrada-Nava and Colin's car touching the right fog line and the center yellow line each for 10 seconds, after legitimate lane changes. This is hardly "pronounced weaving." See State v. Caron, 534 A.2d 978, 979 (Me. 1987) (holding that single, brief straddling of the center line of the undivided highway, With no oncoming traffic in sight and no vehicles passing on the left . . . did not give rise t0 an objectively reasonable suspicion" of intoxication or fatigue); State v. Bella, 871 P.2d 584, 587 (Utah Ct. ADD. 1994) (finding a single ihcident of weaving in windy conditions insufficient t0 justify a stop based 0n suspicion of drunk driving). Similarly, Carmichael‘s entire observation lasted only 35-45 seconds, which is not long enough to show that Estrada-Nava and Colin were weaving for a "substantial" distance. The court went 0n t0 make the statement that a mere technical Violation of a vehicle code section is NOT a valid reason t0 stop a vehicle for suspicion of DUI, agreeing with the Tenth Circuit Which has aptly observed: If failure to follow a perfect vector down the highway or keeping one's eyes on the road were sufficient reasons to suspect a person‘of driving while impaired, a substantial portion of the public would be subj ect each day to an invasion of their privacy. (United States v. Lyons, 7 F.3rd 973, 976 (10th Cir. 1993) overruled 0n other grounds by United States v. Botero-Ospina, 71 F.3rd 783, 786-87 (10th Cir. 1995).) (Rowe v. State, 363 Md. 424, 769 A. 2nd 879, 889 (Md. 2001).)("momentary crossing of the edge line 0f the roadway and later touching of that line did n_ot amount to an unsafe lane change or unsafe entry onto the roadway" in violation of Maryland statute; (Warrick v. Comm’r ofPub. Safely, 374 N.W.2nd 585, 585-86 (Minn. Ct. App. 1985)("subtle" weaving Within lane insufficient to support reasonable suspicion); Salter v. 4 ‘ Motion to Suppress Evidence 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Q Q North Dakota Dept. 0fTramp, 505 N.W.2“d 111, 112-1 13 (N.D. 1993)(Weaving described as "slight movement back and forth" insufficient to support reasonable suspicion); State v. Binette, 33 S.W.3rd 215, 220 (Tenn. 2000)(mu1tiple lateral movements Which were "not pronounced" insufficient to support reasonable suspicion). In fact, Where there is a mere technical Violation of this sort, it must affect another motorist before it would rise to the level of conduct that would justify a stop. (United States V. Mariscal, (2002, 9th Circ.) 285 F.3“d 1127.) ~ The Federal court also frowned on speed of the vehicle as a basis for reasonable suspicion in Garcia-Camacho, pointing out that the government has argued both increases and decreases in speed constitute “suspicious” conduct, creating a “heads I win, tails you lose” trap for drivers Who do not maintain constant speed. (Id., 53 F.3d at 247. U.S. v. JimenezLMedina 173 F.3d 752, 755 (C.A.9 (Ariz.),1999.) Furthermore, in United States v. Bell (N.D. Cal. Feb. 21, 2014 - unpub. 0pm., 13- CR-00287- JST-1* ltouching and brieflly crossing the White line for no more than two seconds before swerving back into its lane was found not to be a valid justification t0 stop a vehicle and detain the driver. (United States v. Bell (N.D. Cal. Feb. 21, 2014 - unpub. opn. ) 13-CR-00287- JST-l). I In the present case, there was ample evidence that Mr. Quintero’s vehicle crossed over the broken lane line for n0 more than “one to two seconds” as testified t0 by the arresting officer. There was also a Video of Mr. Quintero’s driving that was offered into *Analysis in an unpublished A opinion may properly be considered, although only for persuasive value. (People v. McDaniels (1994) 21 Cal.App.4th 1560, 1566, fn.2.) 5 Motion to Suppress Evidence 10 11 12 13 14. 15‘ 16 17 18 19 20 21 22 23 24‘ 25 26 27 28 evidence by the Prosecutor (Exhibit l-A) that definitively showed that Mr. Quintero’s vehicle only crossed over the broken lane line one time, despite the fact that the officer testified that it occurred twice. Based upon both the testimony of the officer and the Video that clearly shows Mr. Quintero’s driving, there was no articulable suspicion to support a warrantless detention under the 4th Amendment in this case. II. THE PAS TEST THAT WAS PERFORIVIED ON THE DEFENDANT WAS THE IMPLIED CONSENT TEST BECAUSE THE OFFICER TOLD THE DEFEDANT THAT IT WAS THE IlVIPLIED CONSENT TEST3THE PAS TEST RELIABLY MEASURED THE ALCOHOL LEVEL OF MR. QUINTERO’S BLOOD AND WAS IN ESSENCE THE CHEMICAL TEST REQUIRED BY LAW. ANY SUBSEQUENT BREATH TEST NEEDED A WARRANT. The arresting Deputy informed Mr. Quintero that the PAS “was the implied consent test” and thereafter performed a Preliminary Alcohol Screening test on Mr. Quintero. The law requires that a person submit t0 a chemical test,_ Vehicle Code section 23612: (a) (1) (A) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing. of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in Violation of Section 23 140, 23 152, or 23153. If a blood 0r breath test, 0r both, are unavailable, then paragraph (2) 0f subdivision (d) applies A chemical test is clearly defined as: In chemistry, a chemical test is a qualitative or quantitative procedure designed to prove the existence of, or to quantify, a chemical compound or Chemical group With the aid 0f a specific reagent. (Wikipidia.com) The PAS test fits the definition of the statute and does satisfy, under the facts found in the present case, the implied consent requirement found in Vehicle Code section 23612. 6 Motion to Suppress Evidence L- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Q § Because the Defendant had submitted to a “chemical test” before arrest, any and all other testing (searches) could only be done with a warrant. In this case, the Prosecutor stipulated at the beginning of the hearing that no warrant was ever issued on this case. CONCLUSION For the reasons herein and otherwise understood, the motion to suppress should be granted and the Court should order all observations and test results suppressed. In the alternative, we ask this Court to find that the PAS test was a chemical test and the subsequent breath test required a warrant and did not come in Within the purview 0f implied consent. DATED: August 22, 2017 Respectfully submitted, KATSURANIS & ROD? Q.UEZ 7 Motion to Suppress Evidence 10 11 12‘ 13 14 15 16 Q PROOF OF SERVICE I am at least 18 years 0f age, not a party to this action. My residence or business address is: KATSURANIS & RODRIGUEZ, Inc. 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Adv/W v D Bail/ OR/ SORP B Rect Dr Rpt D FAR/ ERC D Bail Apply D Balance Exonerated D NG D Entered by CRT D NGBRI /Adv \, D PSet D Prelim D Readiness D S / B MTC D Bail Exonerated D Forfeited Bond # D Denies Priors/ Allegations/ Enhancements/Refus l D Further D Jury D CT [j Peo / Def Wav Jury D Reassumption Filed D Forfeiture Set Aside D Bail Rein D TW D TNW D TW / WD D TW Sentence D Ref’d D 9; Costs Within 30 Days to Court D Ref/ Appt PD/ ADO/IDO D Con Dech Adm A/ D APO/ DADS/ Prop 36 D P36 Re-Assm’t SORP / OR D Revoked D Reinstated D May Post & Forfeit Reliev ppt'd D Crim Proc Susp D Rein D Status Hrg D BW Ordered$-___ D Stayed D To Issue a Hrg on Motion D Doubt Dec! Pursuant PC 1368 D No Cite Release/SCIT D No Request D Cash Only D Granted D Denied D Submi ed El Off‘Cal lj‘Subm on Report lj Found-_ D BW Set Aside D Recalled lj Filed D Remain Out D NWF D Stip to Comm D Drs. Appointed-_ D Max Term D Committed__- D Proof of D Prelim Wav El Certified to General Jurisdiction D MDA / COM Amended to g Amended to a (M) VC12500(a) / v023103(a) D ‘Pur v023103.5 [j DA Stmt Filed , D PROP- 47 PLEA Conditions: D None D No State Prison D P017 after 1 Yr Prob D Includes VOP D Jail / Prison Term of D Add to Cal D Vacate pending date D Dismissal / Striking D Subm time of Sent D Harvey Stip [I Adv Max Pen / Parole/ Prob / lmmig / Appeal D Reg H811590/P0290/PC457.1/PC186.30 D FSF D Fines/Fees D P029800/29805/30305/666NC14607.8 D Wav Right to D Counsel D Court / Jury Trial D Subpoena / Confront/ Examine Witnesses D SeIf-incrimination D Written Waiver filed D Plea / Absentia filed D COP D GUILTY D NOLO CONTENDERE to charges & admits enhancements / allegations / priors D PC17 D Arbuckle D Factual Basis found D Findings stated D Prop 86 Granted / Unamenable / Refused / Term E DEJ Eligibility Filed D DEJ Granted / Rein / Term Fee $ D Guilty Plea Rendered D Waives Referral D APO Full Rpt D CR1 10 issued Fines/Fees Pay to: D‘DOR D Traffic D Court D Today D Audit # m Sent Suspended-___.______ E PROBATION DENIED COUNT SE + PA $ D Purs H81 1350d PROBATION D Execution D Imposition of sentence suspended for probation period COUNT $ + PA $ D P0290.3 D COURT D FORMAL PROBATION GRANTED for Days / Mos / Yrs AIDS / CPP $_ + PA $_______ SORP D Report to APO within Days D Terminated D Upon Release DPF $_ + PA$_ EMAT $ D Perform Hrs Volunteer Work as directed PO / SAP D in lieu of fine/Jail LAB $_ + PA $_____._ D Not drive w/o valid DL & Ins D Adv VC23600 D HTO D Re-refer DRF /RF $.__ Add’l RF$- Susp’d PC1202.44/45 D MOP B FOP D 12 hrs D 3 mos D 9 mos Enroll within days AEF $_ Original Fine _ D DL Susp/ Restr’d/ Rvk’d for__.__ {:1 IID No’t/Ordered/ Rmv’d Term Yrs SECA/COPA $_..__ CTS PC2900.5 $ D No contact with victim or family / co-defts unless appr by APO D PC1 202.05 ICMF $_ TOTAL DUE $ E DVPO issued / mod /term’d Exp _ D Victim Present ICIN $- Payments Granted / Modified D No Contact D Peaceful Contact D DSA thru APO / DOR / CRT D Filed AR $_$_J Mo beginning D Not own/possess deadly weapons D Destroy/return weapon-__ SHELTER $__ FINE STAYED__ D Stay away from _ DV $ Committed @ $ .._./day D May Pay Out D Submit Search/Testmg B EducNoc Trng/Empl D No alcohol / drugs or where sold ATTY $ ConseC/Conc t0 D SUbStance Abuse, PSyCh, Theft, Anger Mgmt, DV, Parenting OnSI / Prgm ASF$25/CPF$10$..._____ Fine/ Fees [I Deemed Satisfied D Commuted D. P0296 (DNA) D PC1202.1 HIV Test / Education p/INVEST $ 1:] P/SUP $ /MO D Waived VOP: D Wav fl Arr’d D Admits/Denies Viol D Court Finds VOP / No VOP CJAF $129.75/$259.50 $ D Addy] Fees Waived Prob Rein / Mod / Term’d / Revoked / Remains Revoked / Ext ’EO____...___ D SEGA, ICMF ICIN, CJAF PINVEST pSUP FEES NOT COND 0;: PROBD Original Terms & Conditions Except as Amended herein D Rest“ D G’en $ ’ ’ to ggfiztermmous Wlth D No Further Penames / Rev'ews D As determined by APO/Court [j Referred to VWAC D Collect Civilly JAlL/PRISON D See Attachm’t Pg D CDCR/Parole collect restit from Def’s earnings D Blended Sentence County Jail Count F/M Violation Prison Term / Yrs Enhancement/ Priors Yrs/ / Strkn HRS / DAYS / MOS Enhancement Yrs/S Enhancement Yrs/S Enhancement Yrs/S Enhancement Yrs/S Enhancement Yrs/S Total CTS=-ACT + D 4019 D 1/2 [j 1/3 D P029331_-- Total Total term-____.___ CDCR/ PC 1170h fl Straight time D In Camp [I WWP D PC1209 Fees D Waived D Court Rec_All / Except D EMP/PSP/ERP/DRP/Co Parole/NP D Sent Deemed Srv’d D Rpt to Parole/Prob w/in D Adv/ORD Yrs/Mos Parole/MS/PRCS/Appeal D Consec D Conc to D Bal CJ Susp D All but _Hrs/Days/Mos D On Cond Complete Residential Treatment Prgm D Serve Consec MO/TU/WE/TH/FR/SA/SU D Pre-process-m AM/PM D Stay I Surrender / Transport to @ AM/PM or Sooner D REMANDED-BAIL$_.__ D REMAIN AS SET D NO BAIL D COMMITI'ED D RELEASED D OR [j SORP D JAC PHONE ASSM’TD P36 D AS COND OF SORP D BAIL INCREASED/ REDUCED D TO PRGM AS REC BY JAC DOC TO ARRANGE TRANSPORT UPON AVAIL BED DISTRIBUTION: ORIGINAL - FILE, GREEN- DOC, BLUE- CJIC / DOR PURPLE- PROBATION, BROWN - DEFENDANT No‘flca 1‘0 PROBATEGNER Thoroughly famiiiarize yourself with the condil‘uons 0f your Probation since a violation of any of the terms may render you liabie to the following penalties However if you faithfuliy pen’orm your duiies during your probationary period you are emi led to the privileges hereinafiei sét forih. See Section 1208 of the Cafifomia Pena! Qode. THE DEFENDANT: Shall immediately upon his/her release from cusiody, if placed on Formal Probation, report in person to the Probation Department of the County of Santa Ciara and furnish suchjnformation regarding his/her self as may be requested. The defendant shalt while under Probation, remain in the custody of the Probation Officer and _shafl report in person to the Probation Oiticer once each month, or as otherwise directed ” 2. Shall advise the Probation Officer of place of residence at all times and shall not leave or move from the County and State of residence without prior approval of the Probation Offiner 3, Shall seek and obtain empioyment as approved by the Probation Officer 4. Shall while on either court or format probation conduct his/her self honesfly; obey ail laws and ruies, orders and reguiafions of the Court and/or Probation Off's.ser FURTHER CONDITIONS PURSUANT T0 VCZ3600; 1, Shall not drive any vehicle with any amount of aicohol/drugs in his/her body or blood‘ 2. Shail not refuse 10 submit to chemical test of his/her bfood, breath or urine. 3. Shall not drive any vehicée without liability insurance and shall provide proof of insurance if requested to do .so by. a Peace Officer. 4. Shall not commit any crimina! offense and shall obey all laws. PRIVILEGES: You have the right to have your “record cleared” which means that under the following conditions you have the right to withdraw your plea of guilty or nolo contendere or have a verdict or finding of guilt set aside and to then enter a ptea of not gumy and have the Court dismiss the charges(s) against you and release you from any further penaities and désabflities resuliing from the within charge(s): 1. A? the conciusion 0f your Probationary period (Forma: or Court Probation) if you have otherwise complied with all orders of Court and if there are no charges pending against you (P012034). 2‘ After one year has elapsed following the pronouncement of judgment if you have not been ptaced on Probation and if you have otherwise {ed a good and lawfui fife and there are no charges pending against you [P012034 (e01. EXCEPT that said offense(s) can be charged against you as a prior conviction in the case of any criminal proceedings which may be charged against you at a {ater date, and except funher that such (prior conviction) shail he considered a conviction for the purpose of revoking or suspending your priviiege t0 drive a motor vehide where appropriate {PC1203.4, 1203.4(a) and V018555]. "f0 apply for a record clearance in all of the above instances, you must contact the Santa Clara County Probation Office at (408) 435~2061. Any person convicted of a felony, the accusatory pleading of which has been dismissed pursuant to Section 1203.4 of the Penal Code, may file a Petition for Certificate of Rehabilitation and Pardon provided that he/she has not been incarcerated since the dismissal of accusatory pleading, is not on Probation for the commission of any other felony, and presents satisfactory evidence of three years residence in California prior to the filing of a Petition. PENALflES: At any time during your Probationary term any Probation Officer may with or without a warrant re-arrest you a'nd bring you before 1he Court, and if Said Court determines that you have violated any of the terms of your Probation, have engaged in any cyiminal practice, or have any criminai associations, it may revoke and terminate your Probation, and without any further hearing pronounce judgmem of imprisonment and deliver you over to the proper officers to serve your sentence, as if Probation had never been granted. AD ~ Alternate Defender Adm/AF ~ Admonition of Attorney Fees Adv - Advised AEF ~ Alcohol Education Fee APO - Adult Probation Office App - Appointment AR ~ Accoums Receivable Arr - Arraigned BW - Bunch Warrant Cal -- Catondar CAP - Community Alternative Program CDCH - Calif Dept of Corrections & Rehabilitation CJAF - Criminal Justice Admin Fee COM - Courts Own Motion Cone ~ Concunem Con Deal ~ Conflict Declared Cons - Consecuiive COP - Cnangc of Plea OPP - Crime Prevention Program Crt - Court CT - Coun Trial CTS -- Credit for Time Served Dec! ~ Deciared Def ~ Defendant DEJ a Deferred Ently of Judgment DOR ~ Dept of Revenue DPF - Drug Program Fee DHF - Diversion Restitution Fee DSA- Defendants Statement of Assets DV- Damestic Violence DVPO~ Domestic Violence Protective Order EMAT - Emergency Medical Air Transportation Penaity Enhs ~ Enhancements ERC - Early Resolution Calendar FAR ~ Felony Advance Resoluxion FOP ~ First Offender Program FSF ~ Future Serious Felony Hrs - Hours HTO ~ Habitual Traffic Offender [GIN - Convicfion Assessment lnfraciion ICMF » Convicfion Assessment] MISD I Felony IDO - Identification 0f Counsel HD ~ Ignition Interlock Device lmmig - Immigration Ina -- Insurance MDA - Motion by District Attorney Misd - Misdemeanor Mod - Modified MOP ~ Multiple Offender Program Mos - Months MS - Mandatory Supervision NG ~ Not Guilty NGBR! ~ Not Guulty by Reason of Insanity NWF ~- No Warrant Filed OR - Own Recognizance 0RD - Ordered PIINV w- Presenlence Investigation Fee PA ~ Penauy Assessment PD - Pubiic Defender Pen - Penalty PO - Probation Office PRCS ~ Post Release Community Supervision Prob - Probation Proc - Proceeding PSet~ Preliminary Setting PTC ~ Pretrial Conference Pur - Pursuant Rem - Receipt of Ref - Referred Reg - Register Rein - Reinstated Reptr- Reporter Rest - Restricted Restut~ Restitution Rpt- Report Rvk'd ~ Revoked SAP -- Sentencing Alternative Program S/B MTG ~ Standby Master Trial Calendar SEGA v Court Security Fee Sent - Sentenced Stip ~ Stipulates Susp ~ Suspended Term‘d - Terminated TNW ~ Time Not Waived ng - Training TW ~ Time Waived TW/WD - Time Waiver Withdrawn Voc - Vocational VOP - Violation of Probation VWAG '~ Victim Witness Assistance Center Wav ~ Waived Yrs -- Years 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JEFFREY ROSEN District Attorney (SBN 163589) SARAH SCOTT Deputy District Attorney (SBN 301 168) OFFICE OF THE DISTRICT ATTORNEY 270 Grant Avenue, 4th Floor Palo Alto, CA 94306 Telephone: (650) 324-6409 ' Attorneys for the People of the State of California .SUPERIOR COURT OF THE STATE OF CALIFORNIA SANTA CLARA COUNTY JUDICIAL DISTRICT Case No.: B1688942 PEOPLE OF THE STATE OF CALIFORNIA, PEOPLE’S OPPOSITION TO DEFENSE MOTION TO SUPPRESS EVIDENCE PURSUANT TO PENAL CODE SECTION 1538.5 Plaintiff, VS. Date: April 7, 2017 Time: 9:00 a.m. Dept: 84 RONALD DARREN QUINTERO, VVVVVVVVVVVVVV Defendant. STATEMENT OF THE CASE Defendant is charged With one count ofDRIVING UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE, in Violation 0f California Vehicle Code section 23152(a), a Misdemeanor; one count ofDRIVING WITH A BLOOD ALCOHOL LEVEL OF 0.08 OR MORE, in Violation of California Vehicle Code section 23152(b), a Misdemeanor. Defendant has filed a motion to suppress 'eVidence pursuant to Penal Code § 1538.5, alleging he was subject to an illegal detention and arrest. The officer reasonably stopped, detained, and People’s Opposition to Defense’s Motion to Suppress, # 81688942 - Page 1 10 11 12' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 continues northbound, Officer Eckford observed the vehicle began to significantly straddle between . . arrested Defendant. The police action was lawfill. Accordingly, the Court should deny Defendant’s motion. STATEMENT 0F FACTSI On September 16, 2016, at approximately 2:36 a.m., Officer E‘ckford With the Sunnyvale Department of Public Safety was on patrol in the area of Mathilda Avenue and California Avenue in Sunnyvale. Officer Eckford was in full uniform and driving a marked patrol vehicle. Officer Eckford observed a silver Lexus sedan traveling northbound in the number two lane. As the vehicle the number two and number three lanes 0f northbound Mathilda. Officer Eckford recognized this as a Violation of California Vehicle Code section 21658(a). Officer Eckford conducted a traffic enforcement stop and contacted the driver of the vehicie. As Officer Eckford spoke With the driver, Ronald Quintero (“Defendant”), he observed the strong and distinct odor of an alcoholic beverage coming from his person. Defendant had ‘bloodshot, watery eyes and slurred speech. Defendant said he consumed two alcoholic beverages earlier in the night. Defendant agreed to perform Field Sobriety Tests. During the Horizontal Gaze Nystagmus test, Defendant had to be reminded numerous time to move only his eyes and not his entire head. Officer Eckford observed a lack of smooth pursuit, early onset 0fHGN, and distinct nystagmus at maximum deviation. During the Walk and Turn test, Defendant stumbled into the starting position. He walked slowly and unsteady, he did not touch heel t0 toe for the majority 0f his steps and used him arms to balance numerous times. Additionally, Defendant nearly fell on his ninth step and on his eighth step. At the conclusion, ofthe test, Defendant almost fell over. During the One Leg Stand test, Defendant put his foot down at nine-one thousand and was 1 The following statement of facts is taken fiom Sunnyvale Department of Public Safety Report Number 16-6813. People’s Opposition to Defense’s Motion to Suppress, # 31688942 - Page 2 10‘ 11 12 13 14 15 16‘ 17 18 19 20 21' 22 23 24 25 26 27 28 unable to maintain his balance. Defendant agreed to submit to a preliminary alcohol screening (PAS). Defendant’s first result was a .168%. His second result was a .1 59%. Based on Officer Eckford’s observations of Defendant and his performance on the Field Sobriety Tests, Officer Eckford placed Defendant under arrest for driving under the influence of alcohol. STATEMENT OF LAW AND ARGUMENT I. - STANDARD OF REVIEW In questioning the legality 0f a search, seizure, or detention, Defendant makes a prima fficie case by establishing the officers acted Without a warrant. The People Will stipulate that this was a warrantless search. The burden rests on the People to show proper justification for a warrantless search. (Badz‘llo v. Superior Court (1956) 46 Ca1.2d 269, 272.) When a motion to suppress evidence pursuant to Penal Code Section 1538.5 involves disputed facts, the Court may deny the motion when it believes that factual testimony 0n behalf of the People is more probably true than false. In other words, the standard ofproofimposed on the People is by a preponderance ofthe evidence. (United States v. Matlock (1974) 415 U.S. 164, 177, £11.14). II. OFFICER ECKFORD HAD REASONABLE SUSPICION TO DETAIN DEFENDANT BASED ON A VIOLATION 0F CALIFORNIA VEHICLE CODE .SECTION 21658(A). “Ordinary traffic stops are treated as investigatory detentions for Which the officer must be able t0 articulate specific facts justifying the suspicion that a crime is being committed.” (People v. Hernandez (2008) 45 CaL4th 295, 299.) An officer With reasonable suspicion that a motorist has violated the California Vehicle Code may stop the vehicle involved for investigation. (People v. Carter (2010) 182 Cél.App.4th 522, 529 [tinted front and side windows]; People v. Logsdon, supra, 164 Ca1.App.4th at p. 744 [unsignaled lane change]; People v. Bell (1996) 43 Ca1.App.4th 754, 760- 761 [speeding]; People v. Uribe (1993) 12 Ca1.App.4th 1432, 1436 [unsafe lane change]; Byrd v. People’s Opposition to Defense’s Motion to Suppress, # 31688942 - Page 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 O 0 Superior Court (1968) 268 Ca1.App.2d 495, 496 [unreadable rear license plate]; People v: Bracken (2000) 83 Ca1.App.4th Supp. 1 [weaving within 1ane].) The cases of United States v. Sokolow (1989) 490 U.S. 1 and Terry v. Ohio (1968) 392 U.S. 1 establish What is required for a detention to be reasonable. The officer must have a reasonable suspicion that the person being detained may be involved in criminal activity. (Sokolow, supra, at p. 7; Terry, supra, at p. 22.) That suspicion must be supported by articulable facts, not just a suspicion or hunch. (Id.) In determining the validity of a detention, the court must consider the totality of the circumstances. (Sokolow, supra, tat pp. 8-9.) Here, Officer Eckford observed Defendant swerved between lane number two and lane number three on northbound Mathilda in Violation of California Vehicle Code section 21658(a). California Vehicle Code section 21658(a) states in relevant part: “Whenever any roadway has been divided into two or more clearly marked lanes for traffic in one direction, the following rules apply: (a) A vehicle shall be driven as nearly as practical entirely Within a single lane and shall not be moved from the lane until such a movement can be made With reasonable safety.” Officer Eckford had reasonable suspicion Defendant violated the vehicle code when he saw the Defendant swerve between the number two and number three lanes. Therefore, the initial detention was lawful. III. OFFICER ECKFORD HAD REASONABLE SUSPICION TO EXTEND DETENTION ONCE HE NOTICED OBJECTIVE SYMPTOMS OF ALCOHOL INTOXICATION Following the initial stop, Officer Eckford developed reasonable suspicion to extend detention once he noticed that Defendant displayed objective symptoms of alcohol intoxication. An 4“ investigatory detention is intended to permit a speedy, focused investigation t0 confirm or dispel [the] individualized suspicion of criminal activity’” justifying it. (People v. Soun (1 995) 34 Ca1.App.4th 1499, 1516.) A detention exceeds constitutional bounds When it is extended beyond People’s Opposition to Defense’s Motion to Suppress, # 31688942 - Page 4 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 27 28 What is “reasonably necessary under the circumstances” that made its initiation permissible. (People v. McGaughran (1979) 25 Cal.3d 577; 586.) But When additional cause to detain develops after the initial stop, additional .time to investigate is allowed. (People v. Russell (2000) 81 Ca1.App.4th 96, 101-102.) In United States v. Sharpe (1985) 470 U.S. 675, the United States Supreme Court held that there is no defined time limit as to when an investigatory detention becomes prolonged. Rather, common sense must govern. The Court recognized the police must be allowed to “graduate their responses to the demands of any particular situation.” (Id. at pp. 685-686). In order to determine Whether the detention was too long, this court should focus on Whether the police diligently pursued a means of investigation reasonably likely t0 confirm or dispel their suspicions quickly. (Sharpe, supra, 470 U.S. at p. 686). Courts reviewing police conduct should not engage in unrealistic second-guessing ofpolice investigative techniques. (Sharpe, supra, at pp. 686-687.)2 Here, additional cause to detain developed upon Officer Eckford’s initial contact With Defendant. He noticed the smell of alcohol emanate fiom Defendant’s breath, as well as his slurred speech. Based on Officer Eckford’s training and expertise, he determined that these symptoms were consistent With those of alcohol use. Officer Eckford asked Defendant to step out of the car in order . to further investigate Whether Defendant was driving under the influence of alcohol. The detention was not unduly prolonged. IV. OFFICER ECKFORD HAD PROBABLE CAUSE TO ARREST DEFENDANT BASED ON HIS OBSERVATIONS OF DEFENDANT’S OBJECTIVE SYMPTOMS OF INTOXICATION Based on his investigation, Officer Eckford had probable cause to arrest Defendant. A warrantless custodial arrest is reasonable under the Fourth Amendment Whenever a police officer has probable cause t0 believe the person arrested has committed a criminal offense. (People v. 2 Additionally, the duration of a detention is irrelevant if there is probable to cause to arrest. (People v. Williams (2007) 156 Cal.App.4th 949, 960; People v, Gomez (2004) 117 Ca1.App.4th 531, 539-540.) People’s Opposition to Defense’s Motion to Suppress, # 31688942 - Page 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 O O. Kraft (2000) 23 Ca1.4th 978, 103 7). Probable cause to arrest exists when the facts and circumstances Within the officers’ knowledge and ofWhich they had reasonably trustworthy information would lead an officer of ordinary care and prudence to entertain an honest and strong suspicion that the person arrested has committed a crime. (People v. Scott (201 1) 52 Ca1.4th 452, 474.) It requires only a fair probability of criminal activity, not a prima facie showing. (Illinois v. Gates (1983) 462 U.S. 213, 235). Nor does probable cause require that the officer’s belief “be correct or more likely true than false.” (Texas v. Brown (1983) 460 U.S. 730, 742.) Probable cause must be Viewed in the totality ofthe circumstances, not based on any isolated even .” (In re J.G. (2010) 188 Ca1.App.4th 1501, 1506.) Probable cause is a practical, nontechnical concept to be determined upon the facts and circumstances of each case. (Maryland v. Pringle (2003) 540 U.S. 366, 370-371 .) There is no exact formula for determining Whether probable cause to arrest exists. (People v. Guajardo (1994) 23 Ca1.App.4th 1738, 1742.) The evidence supporting probable cause need not be admissible at trial on the issue of guilt. (People v. Ingle (1960) 53 Ca1.2d 407, 412-413.) Here, Officer Eckford observed objective symptoms that indicated Defendant was under the influence 0f an alcoholic beverage. Defendant smelled of alcohol and had slurred speech. Furthermore, he admitted to having two drinks pfior to driving. Defendant’s PAS breath samples indicated a .168% and .159% BAC. Defendant performed poorly on the Field Sobriety Tests. V. PURSUANT TO WILLMMS,3 THE PEOPLE HAVE JUSTIFIED THE ~ WARRANTLESS SEARCH AND SEIZURE. THE PEOPLE REQUEST THAT DEFENDANT POINT OUT ANY FACTUAL OR LEGAL INADEQUACIES OR ASSERT ANY OTHER ISSUE THAT SHE DEEMS SIGNIFICANT. Once the People have offered their justification for a warrantless search and seizure, the defense must respond by pointing out any factual or legal inadequacies in that justification. Otherwise, 3 People v. Williams (1999) 20 Ca1.4th 119. People’s Opposition to Defense’s Motion to Suppress, # B1688942 - Page 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 they do not meet their burden under Penal Code Section 1538.5 of specifying Why the warrantless search or seizure was unreasonable. “[I]f defendants detect a critical gap in the prosecution’s proof or a flaw in its legal authority, they must object on that basis to admissions of the evidence or risk forfeiting the issue on appeal.” (People v. Williams (1999) 20 Ca1.4th 119, 130.) Should Defendant bring up an issue not addressed in response, the People would request an opportunity to file additional points and authorities on anynew issue 0r to reopen testimony to present the pertinent evidence under the rationale of People v. Ciraco (1986) 181 Ca1.App.3d 1142, 1145- 146. Therefore, the People would request that prior to the next court hearing the Defendant file a supplemental brief to point out any facts or law not addressed in this response that he believed justify suppression ofthe evidence in this case. CONCLUSION For the reasons stated above, the People respectfully request that the Court deny defendant’s motion to suppress. Dated: March 29, 2017 Respectfillly submitted, JEFFREY ROSEN DISTRICT ATTORNEY SARAH SCOTT Deputy District Attorney People’s Opposition to Defense’s Motion to Suppress; # 31688942 - Page 7gifi 050!me \I 26' Jeffrey F. Rosen District Attorne County ofiSanta C ara San Jose, CA. 951 10 $5441 REV 12no® (33$? g: z: ’ Superior u' rt o? CA K mw of 8aPROOF OF SERVICE STATE OF CALIFORNIA ) People v. RONALD DARREN QUINdmSW ) ss. ' COUNTY OF SANTA CLARA ) Docket No. B1688942 I am employed in the County of Santa Clara, State of California. Iam over the age of eighteen years, and not a party to the above-entitled action. My business address is: Office of the District Attorney, 270 Grant Avenue, Fourth Floor, Palo Alto, CA 94306 On March 30, 2017, I served the following documents upon the interested parties in this action by the method(s) indicated below: PEOPLE'S OPPOSITION TO DEFENSE MOTION TO SUPPRESS EVIDENCE PURSUANT TO PENAL CODE SECTION 1538.5 [X] BY FIRST CLASS MAIL: by placing a true copy thereof, enclosed in a sealed envelope, for postage and deposit with the U.S. Postal Service on the same date it is submitted for mailing, and addressed as follows: Allison Lawrence Attomey at Law 524 7th Street Oakland, CA 94607 [ ] BY PERSONAL DELIVERY: by causing a true copy thereof to be hand-carried to the recipient at the address indicated: [ ] BY FACSIMILE TRANSMISSION: by faxing a true copy thereofto the recipient at the facsimile number indicated: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on March 30, 2017, at San Jose, California. WM Isa Buuck 10 11 12 13 14 15 16 17 18 19‘ 20 21 22 23 24 25 26 27 28 Katsuranis & Rodriguez Attorneys at Law 524 7T“ Oakland CA 94607 By: Francisco Rodriguez, Esq., SBN 188459 Allison M. Lawrence, Esq., SBN 290770 (415) 378-4133 ‘ Attorneys for Defendant FOR THE COUNTY OF SANTA CLARA THE PEOPLE OF THE STATE OF Case N0. B1688942 ) ) . ) > CALIFORNIA, i MOTION TO SUPPRESS EVIDENCE Plalntlff, g Datezwn é / 2’! i 7 VS. ) Dept: 84 ) Time: 9am RONALD QUINTERO, ) ) Defendant. ) TO THE DISTRICT ATTORNEY AND THE JUDGE 0F THE SUPERIOR COURT: Defendant hereby moves t0 suppress evidence as collected Without a warrant and in Violation 0f the Fourth Amendment. The things thus unlawfully collected include search of Defendant’s body, forensic tests thereon, and testimonial conclusions about such things, including, but not limited to, any and all SFST’S, and all chemical tests results. A11 searches and seizures including any and all bodily fluid searches, and any fruits of those searches and seizures. In the instant case, a Preliminary Alcohol Screening test chemical breath test. The motion is based on 1 Motion to Suppress Evidence 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 this memorandum, 0n all things properly on file at the time 0f the hearing, and 0n argument t0 be submitted 'at the hearing. PERTINENT FACTS Defendant, after driving his vehicle in the County of Santa Clara, was detained by the police and investigated for driving under the influence. Defendant was ultimately placed under arrest for alleged Violations of Vehicle Code sections 23152(a) and (b). DISCUSSION I. THE BURDEN OF PROOF FOR A WARRANTLESS LIBERTY INFRINGEMENTS ON THE GOVERNMENT. Wilder v. Superior Court (1979) 92 Cal.App.3d 90, 96-97. That is, the People have the burden t0 justify a warrantless search and seizure, Coolidge v. New Hampshire (1971) 403 U.S. 443, 455, People v. Williams (1988) 45 Cal.3d 1268,1297 [Williams I], because warrantless searches and seizures are presumptively illegal. Katz v. United States (1967) 389 U.S. 347, 357, People v. Laiwa (1983) 34 Ca1.3d 71 1, 725. That is, warrantless liberty infringements are “per 5e unreasonable,” People v. Osbcmd (1996) 13 Ca1.4th 622, 673 [internal cite and quotation marks omitted], unless the People can show the narrow exception which applies thereto. Welsh v. Wisconsin (1984) 466 U.S. 740, 749-750. Even though the moving party has the initial responsibility of raising the suppression issue, “when [she so raises], [s]he makes ‘a prima facie case’ When [s]he establishes that the arrest 0r search was made Without a warrant and ‘the burden then 2 Motion to Suppress Evidence 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 rests upon the prosecution to show proper justification?” People v. Manning (1973) 33 Ca1.App.3d 586, 600. The state Supreme Court has finally expressly boarded that inevitable and long- departed train. People v. Williams (1999) 20 Ca1.4th 119, 130 [Williams II], upholding Wilder, and evicting its detractors. The People’s burden has to be carried, of course, With “evidence” (Penal Code section 1538.5(c)), which has the same meaning for suppression motions as for trials. Hewitt v. Superior Court (1970) 5 Ca1.App.3d 923, 927, cited app. in People v. Johnson (2006) 38 Ca1.4th 717, 732-733. In the case at hand, the Defendant was arrested without a warrant and the Prosecution must now meet their burden. The Prosecutor must also bear the burden of showing that any and all searches of Defendant, subsequent to arrest, meet an exception t0 the warrant requirement; or comply with a valid search warrant. Here, Defendant was searched by the arresting Officers subsequent to arrest. They did so by acquiring a chemical breath sample from the Defendant. This requirement is not limited to post arrest searches but also covers any and all searches conducted pre-arrest. CONCLUSION For the reasons herein and otherwise understood, the motion to suppress should be granted, unless the People timely plead and then properly prove justification for this warrantless police conduct. 3 Motion to Suppress Evidence 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// DATED: March 27, 2017 Respectfully submitted, KATSURANIS & RODRIGUEZ By: Allis Attorney . Lawrence, ESQ. r Defendant 4 Motion to Suppress Evidence 10 11 12 13 14 15 16 17 18 19 DECLARATION IN SUPPORT OF MOTION TO SUPPRESS I, Allison M. Lawrence, hereby declare as follows: 1. I am an attorney licensed to practice law in the state of California and a member in good standing 0f the California Bar Association. 2. I am attorney of record for Defendant RONALD QUINTERO in this case. 3. That as a result of the review of statements from persons having personal knowledge in this case I believe these facts to be true. I declare under penalty 0f perjury that the foregoing is true and correct, except as to those matters stated on information and belief, and those matters I believe t0 be true. Executed this 27th day 0f March, 2017 at Oakland, California. Allison M. Ln Attorney fo " ence 0NALD QUINTERO 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I am at least 18 years 0f age, not a party t0 this action. My residence or business address is: KATSURANIS & RODRIGUEZ, Inc. Attorneys At Law 524 7t“ St, Oakland, CA 94607 I served, or caused to be served, a copy of the following documents (specify): MOTION TO SUPPRESS In person and 0n the court record: SANTA CLARA COUNTY DISTRICT ATTORNEY SERVED ON THE RECORD, BY MAIL, OR IN PERSON AT THEIR OFFICE I declare under penalty of perjury under the laws ofthe State 0f California that the foregoing is true and correct. Dated: March 27, 2017 6 Motion to Suppress Evidence 1554.51» PfiLfl f?fiL. ”?'{3 iii}: 537?? CASE NO. '32; 3 *«fifiififix-Ei 3717’53 .jHFEMT {X‘fir‘f‘fii i1; .i: i: CEN 1: l W1 $311.. ‘U, {3%}; ‘3’;~§ gazimax. DATE {3:23. i’mwrm ' fiat; rzmePT. z:- .h r' i {33:}?PEOPLE vs. "'.:-<{.-..31: {guim‘fitram ’WW c:€::r3:§*¥:;.@:§t?1 mm L.K.A. Huithmmfhxi :3"? CLERK ' = ’ " M 2mm" ‘r {:IW :r‘: ihaqszasa HEARING JUDGE mm” 1333;”:3‘ '"“~ ' gr REPORTEFWEfizzsz-{sfw14 é flV-Wvu i:i-~i::.-.3:3:: STATUS (jwbaéifi ~ Tw f DEF.A1TY:2=5;2w-‘ilhzi§zsay m7; 2:533 D.AEMWWR-wémw APO CHARGES gs: i 0:221 «samiw s: '21.: Hi am mawxm .r-z \ 1 ‘ n , l s v 9v: AGENCY s~u$~n¢r3if~1xm~ ma; ' ‘ i l \ r” Lv-“L \7 Mo ‘D 5i?“ A nan afl/iNEXT APPEARANCE v A?¥‘Yll" ‘ f ADfPD/ MO/ Special AppD Defendant PresentrfiNot Present tty Present I,” . - . .- .= , A D Arr’d D Adv D Ar~Wav D Amend Comp/lnfo D Arr D Ple'a I IDC :1 P Prob l Sent D Interpreter V D Sworn D P0977 D Filed D On File D Reptr. Adv/Wa D Bail/ OR/ SORP D Rect Dr Rpt D FAR/ ERC D Bail Apply D Balance Exonerated D NG D Entered by CRT D NGBRI /Adv PSet D Prelim D Readiness D S / B MTC D Bail Exonerated D Forfeited Bond # D Denies Priors/ Allegations/ Enhancement I Further D Jury D CT D Peo / Def Wav Jury D Reassumption Filed D Forfeiture Set Aside D Bail Rein D TW D TNW aw /WD ETWM / D Ref’d D $ Costs Wlthm 30 Days to CourtD Ref/ ¢th P ($9 OQW D APO / DADS/ Prop 36 D P36 Re-Assm’t SORP / OR D Revoked D Reinstated D May Post & Forfeita elieved%_Ahpt’Q‘Ox/‘D Crim Proc Susp |:] Rein D Status Hrg D BW Ordered$-.~ D Stayed D To Issue :Hrg on Motionfl ?Z “lilo ._._ E] Doubt Decl Pursuant PC 1868 D No Cite Release/SCIT D No Request D Cash Only Granted D Denied D Submitted D Off Cal D Subm on Report D Found_._ D BW Set Aside D Recalled D Filed D Remain Out D NWF D Stip to Comm D Drs. Appointed_- D Max Term D Committed__- D Proof of D Prelim Wav a Certified to General Jurisdiction lj MDA / COM Amended to [j Amended to D (M) vc12500(a) / v023103(a) D Pur v023103.5 D DA Stmt Filed D PROP- 47 PLEA Conditions: D None D No State Prison [j PC17 after 1 YrProb D Includes VOP D Jail / Prison Term of D Add to Cal [j Vacate pending date D Dismissal / Striking D Subm time of Sent D Harvey Stip D Adv Max Pen / Parole / Prob / lmmig / Appeal D Reg H81 1590/PC290/PC457.1/PC186.30 D FSF D Fines/Fees E P029800/29805/30305/666NC14607.8 D Wav Right to D Counsel D Court / Jury Trial D Subpoena / Confront/ Examine Witnesses D SeIf-incriminatfon D Written Waiver filed D Plea / Absentia filed D COP [I GUILTY D NOLO CONTENDERE to charges & admits enhancements [allegations / priors D PC17 D Arbuckle D Factual Basis found D Findings stated D Prop 36 Granted / Unamenable / Refused / Term D DEJ Eligibility Filed D DEJ Granted / Rein / Term Fee $ D Guilty Plea Rendered D Waives Referral 1:] APO Full Rpt D CR1 10 issued Fines/Fees Pay to: D DOR D Traffic D Court D Today D Audit # D Sent Suspended__.___. D‘PROBATION DENIED COUNT $ + PA $ D Purs HS1 1350d PROBATION D Execution [I Imposition of sentence su'spended for‘probation period COUNT $ + PA $ D P0290.3 ‘ |:| COURT D FORMAL PROBATION GRANTED for Days / Mos / Yrs AIDS / CPP $ + PA $___.__ SORP E] Report to APO within Days D Terminated D Upon Release DPF ' $ + PA$__ EMAT $ D Perform Hrs Volunteer Work as directed PO / SAP D in lieu of fine/Jail' LAB $ + PA$_ 1 D Not drive w/o valid DL & Ins D Adv VCZSGOO D HTO D Re-refer DRF /RF $ Add’l RF$_ Susp’d PC1202.44/45 \ D MOP D FOP D 12 hrs D 3 mos D 9 mos Enroll within days AEF $___ Original Fine$_w._ i D DL Susp/ Restr’d/ Rvk’d for- D IlD Not/Ordered/ Rmv’d Term Yrs SECA/COPA $_ CTS P029005 $ 1 D No contact with victim or family / co-defts unless appr by APO D PC1 202.05 ICMF $ TOTAL DUE $ ‘D DVPO issued / mod /term’d Exp-____.__ D Victim Present ICIN $_ Payments Granted / Modified ‘ D No Contact D Peaceful Contact D DSA thru APO / DOR / CRT D Filed AR $_._$_l Mo beginning ‘ B Not own/possess deadly weapons [I Destroy/return weapon__.._ SHELTER $ FINE STAYED___.__- ‘D Stay away from DV $__._ Committed @ $_Jday D May Pay Out \ D Submit Search/Testing D EducNoc ng/Empl D No alcohol / drugs or where sold ATTY $_ ConseC/Concto-___ z D Substance Abuse, Psych, Theft, Anger Mgmt, DV, Parenting cnsl / prgm A3F$25/CPF$10$- Fine / Fees B Deemed Satisfied D commuted \ D PC296 (DNA) D PC1202.1 HIV Test / Education P/INVEST $___ D p/SUP$-__ [Mo D Waived \ VOP: D Wav D Arr’d D Admits/Denies Viol D COurt Finds VOP / No VOP CJAF $129_75/$259_50$_ D Add“ Fees Waived ‘ Prob Rein / Mod / Term’d / Revoked / Remains Revoked / Extt0”..- D SEGA, ICMF, ICIN, CJAF’ plNVEST, pSUP FEES NOT COND. OF PROB ‘D Original Terms & Conditions Except as Amended herein D Resm D Gen 9; to lgéfltermmous W'th D N0 Further Pena't'es / ReV'eWS g As determined by APO/Court D Referred to VWAC D Collect Civiny 1 JAlL/PRISON D See Attachm’t Pg D CDCR/Parole collect restit from Def’s earnings D Blended Sentence County Jail Count F/M Violation Prison Term / Yrs Enhancement / Priors Yrs / Styd / Strkn HRS / DAYS / MOS l Enhancement Yrs/S Enhancement Yrs/S Enhancement Yrs/S Enhancement Yrs/S Enhancement Yrs/S Total . l I CTS =_.._.__ACT + D 4019 D 1/2 D 1/3 D P029331 ___._..__.._...____ Total Total term CDCR / PC 1170h D Straight time [j In Camp D WWP D PC1209 Fees D Waived D Court Rec_All / Except D EMP/PSP/ERP/DRP/Co ParoIe/NP D Sent Deemed Srv’d D Rpt to Parole/Prob w/in D Adv/ORD Yrs/Mos Parole/MS/PRCS/Appeal D Consec D Conc to D Bal CJ Susp D All but_Hrs/Days/Mos D On Cond Complete Residential Treatment Prgm D Serve Consec MO/TU/WE/TH/FR/SA/SU D Pre-process- AM/PM D Stay l Surrender / Transport to @ AM/PM or Sooner D REMANDED-BAIL$- D REMAIN AS SET D NO BAIL .D COMMITTED D RELEASED D OR D SORP D JAC PHONE ASSM’TD P36 D AS COND OF SORP D BAIL INCREASED / REDUCED D TO PRGM AS REC BY JAC DOC TO ARRANGE TRANSPORT UPON AVAIL BED DISTRIBUTION: ORIGINAL - FILE, GREEN - Doc, BLUE - CJIC/ DOR PURPLE - PROBATION, BROWN - DEFENDANT NOTICE TO PROBATIONER Thoroughly familiarize yourself with the conditions of your Probation, since a violation of any of the terms may - render you liable to the following penalties. HoWever, if you faithfufly perform yogzr duties during your probationary period you are entitled to the privileges hereinafter set forth. See Section 1203 of the California Pena! Code. THE DEFENDANT: 7 “ ’ j 1. Shall immediately upon his/her release from custody, if placed on Formal Probation, report in person to the Probation Department of the County of Santa Clara and furnish such information regarding his/her self as may be requested. The defendant shall, while under Probation, remain in the custody of the Probation Officer and' shall repon in person to the Probation Officer once each month, or as otherwise directed. ‘ 2, Shall advise the Probation Officer of place of residence at all times and shall not leave or move from the County and State of residence without prior approvai of the Probation Officer. 3, Shall seek and obtain employment as approved by the Probation Officer. 4‘ Shall, while 0n either court or formal probation, conduct his/her self honestly; obey all laws and' rules, ' orders and regulations of the Court and/or Probation Officer. FURTHER CONDmONS PURSUANT TO VC23600: 1, Shall not drive any vehicle with any amount of alcohol/drugs in his/her body or blood. 2‘ Shall not refuse to submit to chemical test of his/her biood, breath or urine. 3, Shail not drive any vehicte without liability insurance and shall provide proof of insurance if requested to do so by a Peace Officer. 4. Shall not commit any criminai offense and shall obey all laws. PRIVILEGES: You have the right to have your “record cleared" which means that under'the following conditions you have the right -to withdraw your plea of guilty or nolo contendere or have a verdict or finding of guilt set aside and to then enter a plea of not guilty and have the Court dismiss the charges(s) against you and release you from any further penalties and disabifities resuiting from the within charge(s): 1. At the conclusion of your Probationary period (Format or Court Probation) if you have otherwise complied with an orders of Court and if there are no charges pending against you (P012034). 2. After one year has elapsed following the pronouncement of judgment if you have not been placed on Probation and if you have otherwise led a good and lawful life and there are no charges pending against you {P012034 (a)]‘ EXCEPT that said offense(s) can be charged against you as a prior conviction in the case of any criminal proceedings which may be charged against you at a later date, and except further that such (prior conviction) shall be considered a conviction for the purpose of revoking or suspending your privilege to drive a motor vehicie where appropriate {PC1203.4, 1203.4(a) and VC13555]. To apply for a record 'clearance in ail of the above instances, you must contact the Santa Clara County Probation Office at (408) 435-2061. Any person convicted of a felony, the accusatory pleading of which has been dismissed pursuant to Section 1203.4 of the Penal Code, may file a Petition for Certificate of Rehabilitation and Pardon provided that he/she has not been incarcerated since the dismissa! of accusatory pleading, is not on Probation for the commission of any other felony, and presents satisfactory evidence of three years residence in California prior to the filing of a Petition. PENALTIES: At any time during your Probationary term any Probation Officer may with or without a warrant re-arrest you and bring you before the Court, and if said Court determines that you have violated any of the terms of your Probation, have engaged in any criminal practice; or have any criminal associations, it may revoke and terminate your Probation, and without any further hearing pronounce judgment of imprisonment and deliver you over to the proper officers to serve your sentence, as if Probation had never been granted. AD - Alternate Defender Adm/AF- Admonition of Attorney Fees Adv ~ Advised AEF- Alcohol Education Fee APO - Adult Probation Office App - Appointment AR - Accounts Receivable Arr -~ Arraigned BW - Bench Warrant Cal - Calendar GAP - Community Alternative Program CDCR ~ Calif Dept of Corrections & Rehabilitation CJAF - Criminal Justice Admin Fee COM - Courts Own Motion Conc - Concurrent Con Dec! - Conflict Deciared Cons - Consecutive COP ~ Change of Plea CPP - Crime Prevention Program Cd ~ Court CT - Coun Trial CTS - Credit for Time Served Dec! - Declaled Def -~ Defendant DEJ - Deferred Entry of Judgment _ ,3 DOR - Dept of Revenue DPF- Drug Program Fee DRF~ Diversion Restitution Fee DSA - Defendant’s Statement of Assets DV - Domestic Violence DVPO -- Domestic Violence Protective Order EMAT- Emergency Medical Air Tmnsponalion Penauy Enhs ~ Enhancements ERC - Early Resolution Calendar FAR - Felony Advance Resoluiion FOP - First Offender Program FSF - Future Serious Felony Hrs * Hours HTO - Habitual Traffic Offender ICIN - Convicfion Assessment Infraction ICMF ~ Conviction Assessment I MISD / Felony IDO - Identification of Counsel IID - ignition Interlock Device lmmig ~ Immigration Ins - Insurance MDA ~ Motion by District Attorney Misd - Misdemeanor Mod - Modified MOP- Multiple Offender Program Mos - Months MS - Mandatory Supervision NG ~ Not Guilty NGBRI - Not Guilty by Reason of Insanity NWF - No Warrant Filed OR ~ Own Recognizance 0RD - Ordered P/{NV- Presentence Investigation Fee PA - Penalty Assessment PD - Public Defender ‘ Pen - Penalty P0 - Probation Office PROS ~ Post Release Community Supervision Prob ~ Probation Proc ~- Proceeding PSet - Preliminary Setting PTC - Pretrial Conference Pur-- Pursuant Rec: -~ Receipt of Ref - Referred Reg - Register Rein - Reinstated Reptr - Reponer Rest - Restricted Restit - Restitution Rpt- Report Rvk’d - Revoked SAP w Sentencing Alternative Program SIB MTC ~ Standby Master Trial Calendar SECA - Court Securily Fee Sent -- Sentenced Sfip - Stipulates Susp - Suspended Term'd - Terminated TNW - Time Not Waived ng - Training TW ~ Time Waived TW/WD - Time Waiver Withdrawn Vac -- Vocational VOP - Violation of Probation VWAC - Victim Witness Assistance Center Wav - Waived Yrs - Years I l PEOPLE VS. {Téii}l‘x§fl§1...}'} 1".)xi‘sfiREKH SEX} .Lifi ?"?13 l’JJ-w ’ 153 LL63 §3-’{3‘:L..E} §3I§...."i"i.‘.i {IKE}??? 36 CASE NO 3:3 J. énEEE'fi ?us’ F3. E??ii} ais"+--~-m$” fifififli‘ékJEE \ HZ 3: CNE I. s:53? x 3'5: 3 Pflzé...f3 $313 L3 y {16-}: gési-Efiia DATE 3". x‘fifi fififlféa Z"“:31? V?iDEPT- HE): 3&1; x ”1’3““?! Cmisééiflfi‘ - L.K.A. 1% 5+. ff' ”'iTWfl’TTf'iEEEi 2&1 i CLERK {313.3, .“i’éim'ixx; ZW-‘r‘xs‘jié- 3??“ f CZ lT f £551 “3352-{3331’ HEARING 1315216311..i:'*-.!E"i¥."i\§"i" JUDGE isms“ . :' " ' MW mi: AGENCY Wwauy 53-»: {xma-«H m; REPORTERF; F("Y‘iz..." i Ciw'mwé“): STATUS i23~~iaw DEF. ATrY. i=3. / Pain i‘e’. APO (/6 Z357? » CHARGES N(UQ'} 5‘35””; :33; {4323 1"“£33233Tsaifife’fifiiiffifififi} k H.121“??? ILxrsi 3.3531TE: 15"” 3.33;";“)3? Z Ll 7m 571%@fl wazffléLéNEXT APPEARANCE 40/ aflfl Znefendamprese t mNotPresent mnypresem ?fl 94M (/05 véfl/ H""AD/PD/IDO/SpeciQI/Kpp /D Arr'd D Adv Arr Wav D Amend Comp/lnfo D Arr D Plea E IDC fiPTC D Prob / Sent D Interpreter D Sworn D P0977 DIF‘Iled D On File D Reptr. Adv / Wav D Bail/ OR/ SORP D Rect Dr Rpt D FAR/ ERC D Bail Apply [j Balance Exonerated i ZNG D Entered by CRT D NGBRI /Adv D PSet D Prelim D Readiness D S / B MTC E] Bail Exonerated D Forfeited Bond # :Z/Denies PriorgkAH’e’Q’éfiBfis/ Enhancements/Refusal D Further D Jury D CT D Peo / Def Wav Jury D Reassumption Filed D Forfeiture Set Aside D Bail Rein :Q’TW D TNW D TW / WD D TW Sentence D Ref’d B S; Costs Within 30 Days to Court D Ref/ Appt PD/ ADO/IDO D Con Decl D Adm A/F D APO / DADS/ Prop 36 D P36 Re-Assm't SORP / OR D Revoked D Reinstated D May Post & Forfeit D Relieved Appt’d D Crim Proc Susp D Rein lj Status Hrg D BW Ordered $_._.___ D Stayed D To Issue D Hrg on Motion_-~____-._ D Doubt Decl Pursuant PC 1368 D No Cite Release/SCIT D No Request D Cash Only D Granted D Denied D Submitted D Off Cal 1:] Subm on Report D Found__-_._ D BW Set Aside D Recalled D Filed D Remain Out D NWF D Stip to Comm D Drs. Appointed-___ |:] Max Term |:] Committed D Proof of D Prelim Wav D Certified to General Jurisdiction D MDA/ COM Amended to m Amended to D (M) vc12500(a) / v0231os(a) D Pur v023103.5 [j DA Stmt Filed D PROP 47 PLEA Conditions: D None D No State Prison D PC17 after 1 Yr Prob D Includes VOP D Jail / Prison Term of D Add to Cal D Vacate pending date D Dismissal / Striking D Subm time of Sent D Harvey Stip D Adv Max Pen / Parole / Prob/ lmmig / Appeal D Reg H81 1590/PC290/PC457. 1/PC186.30 D FSF D Fines/Fees D PC29800/29805/30305/666/VC14607.8 D Wav Right to D Counsel D Court / Jury Trial D Subpoena / Confront/ Examine Witnesses D SeIf-incrimimation D Written Waiver filed D Plea / Absentia filed D COP lj GUILTY D NOLO CONTENDERE to charges & admits enhancements / allegations / priors D PC17 D Arbuckle D Factual Basis found D Findings stated D Prop 36 Granted / Unamenable / Refused / Term D DEJ Eligibility Filed D DEJ Granted / Rein /Term Fee $ D Guilty Plea Rendered D Waives Referral D APO Full Rpt D CR1 10 issued Fines/Fees Pay to: D DOR D Traffic D Court D Today D Audit # D Sent Suspended-____- D PROBATION DENIED COUNT $ + PA $ D Purs H81 1350d PROBATION D Execution D Imposition of sentence suspended for probation period COUNT $ + PA $ D P0290.3 D COURT D FORMAL PROBATION GRANTED for Days / Mos / Yrs AIDS / CPP $___.__ + PA$- SORP D Report to APO within Days D Terminated E] Upon Release DPF $_ + PA$__ EMAT$__.__ D Perform Hrs Volunteer Work as directed PO / SAP D in lieu of fine/Jail LAB $ + PA$- D Not drive w/o valid DL & Ins D Adv V023600 D HTO D Re-refer DRF /RF $______ Add’l RF$__ Susp’d PC1 202.44/45 [j MOP D FOP D 12 hrs B 3 mos D 9 mos Enroll within days AEF $_.._ Original Fine$___ D DL Susp/ Restr’d/ Rvk’d for____ D IlD Not/Ordered/ Rmv’d Term Yrs SECA/COPA $ CTS PC2900.5 $ D No contact with victim or family / co-defts unless appr by APO D P0120205 ICMF $ TOTAL DUE $_____ D DVPO issued / mod /term’d Exp-_.___ D Victim Present ICIN $_ Payments Granted / Modified D No Contact D Peaceful Contact D DSA thru APO / DOR / CRT D Filed AR - $_~_$__/ Mo beginning_ D Not own/possess deadly weapons D Destroy/return weapon-__ SHELTER $_ FINESTAYED-w D Stay away from DV $ Committed @ $._.__/day D May Pay Out D Submit Search/Testing D EduoNoc Trng/Empl D No alcohol / drugs or where sold A-l-ry $ ConseC/Conc to D Substance Abuse, Psych, Theft, Anger Mgmt, DV, Parenting cnsl / prgm ASF$25/CPF$10$__ Fine / Fees D Deemed Satisfied D Commuted D ‘PC296 (DNA) D PC1202.1 HIV Test / Education p/INVEST $ D P/SUP $ /MO D Waived VOP: D Wav D Arr’d D AdmitS/Denies Viol D Court Finds VOP / NO VOP CJAF $129 75/$259_50 $ D Add“ Fees Waived Prob Rein / Mod / Term’d / Revoked / Remains Revoked / EXt tO__._...- D SECA ICMF ICIN CJAF PINVEST pSUP FEES NOT COND OF PROBD Original _Terms & Conditions Except as Amended herein D Resm D Gen $ to géfltermmousW'th-W- D N0 Further Penames / Rev'ews D As determined by APO/Court [j Referred to VWAC D Collect Civiny JAIL/PRISON D See Attachm’t Pg D CDCR/Parole collect restit from Def’s earnings D Blended Sentence County Jail Count F/M Violation Prison Term / Yrs Enhancement/ Priors Yrs / Styd / Strkn HRS / DAYS / MOS Enhancement Yrs/S Enhancement Yrs/S Enhancement Yrs/S Enhancement Yrs/S Enhancement Yrs/S Total CTS =-ACT + D 401 9 E] 1/2 [I 1/3 D P029331- Total Total term CDCR / PC 1170h D Straight time D In Camp D WWP D PC1209 Fees D Waived D Court Rec_All / Except D EMP/PSP/ERP/DRP/Co Parole/NP D Sent Deemed Srv’d D Rpt to ParoIe/Prob w/in D Adv/ORD Yrs/Mos Parole/MS/PRCS/Appeal D Consec D Conc to D BaI'CJ Susp D All but _Hrs/Days/Mos D On Cond Complete Residential Treatment Prgm D Serve Consec MO/TUNVEfl‘H/FR/SA/SU D ‘Pre-process-____.~___ AM/PM D Stay / Surrender l Transport to @ AM/PM or Sooner D REMANDED-BAIL$- D REMAIN AS SET D NO BAlL D COMMITTED D RELEASED D OR D SORP D JAC PHONE ASSM’TD P36 D AS COND OF SORP D BAIL INCREASED / REDUCED D TO PRGM AS REC BY JAC DOC TO ARRANGE TRANSPORT UPON AVAIL BED DISTRIBUTION: ORIGINAL - FILE, GREEN - DOC, BLUE - CJIC/ DOR PURPLE - PROBATION, BROWN - DEFENDANT \ l I i 1 l 1 l { \ NOTICE TO PROBATIONER Thoroughly familiarize yourSelf with the conditions of your Probation, since a violation of any of the terms may render you liable to the following penalties. However, if you faithfully perform your duties during your probationary period you are entitled to the privileges hereinafter set forth. See Section 1203 of the California Pena! Code. THE DEFENDANT: 1. Shall immediately upon his/her release from custody, if piaced on Formal Probation report in person to the Probation Department of the County of Santa Clara and furnish such information regarding his/her self as may be requested. The defendant sham, while under Probation, remain in the custody of the Probation Officer and shall report En person to the Probation Officer once each month, or as otherwise directed. 2. Shall advise the Probation Officer of place of residence at an times and shall not leave 0r move from the County and State of residence without prior approval 0f the Probation Officer‘ 3. Shall seek and obtain employment as approved by the Probation Officer. 4. Shall, while on either court or formal probation, conduct his/heY self honestly; obey all faws and rules, orders and regulations of the Court and/or Probation Officer. FURTBER CONDlTIONS PURSUANT T0 VCZ3606: 1. Shall not drive any vehicle with any amount of alcohol/drugs m his/her body or blood 2. Shall not refuse to submit to chemical test of his/her blood, breath or urine 3. Shall not drive any vehicle without liabifity insurance and shall provide proof of insurance if requested to do so by a Peace Officer, 4. Shall not commit any criminal offense and shall obey all {aws. ?RIVILEGES: You have the right to‘have your “record cleared” which means that under the following conditions you have the right to withdraw your plea of guilty or noio contendere or have a verdict or finding of guilt set aside and to then enter a plea of not guilty and have the Court dismiss the charges(s) against you and release you from any further penalties and disabilities resulting from the within charge(s): 1. At the conclusion of your Probationary period (Formal or Court Probation) if you have otherwise complied with at! orders of Court and if there are no charges pending against you (P012034). 2. After one year has elapsed folfowing the pronouncement of judgment if you have not been placed on Probation and if you have otherwise led a good and lawful life and there are no charges pending against you [P012034 (a)]. EXCEPT that said ofiense(s) can be charged against you as a prior conviction in the case of any criminal proceedings which may be charged against you at a later date, and except further that such (prior conviction) shall be considered a conviction for the purpose of revoking or suspending your privilege to drive a motor vehicle where appropriate [PC1203.4, 1203.4(a) and VC13555]. To appiy for a record clearance in all of the above instances, you must contact the Sania Clara Csunty Probation Office at {408) 435-2663. Any person convicted of a felony, the accusatory pleading of which has been dismissed pursuant to Section 1203.4 of the Penal Code, may file a Petition for Certificate of Rehabilitation and Pardon provided that he/she has not been incarcerated since the dismissal of accusatory pleading, is not on Probation for the commission of any other felony, and presents satisfactory evidence of three years residence in California prior to the filing of a Petition. PENALTIES: At any time during your Probationary term any Probation Officer may with or without a warrant re-arrest you and bring you before the Court, and if said Court determines that you have vioiated any of the terms of your Probation, have engaged in any criminal practice, or have any criminal associations, it may revoke and terminate your Probation, and without any further hearing pronounce judgment of imprisonment and deliver you over to the proper officers to serve your sentence, as if Probation had never been granted. AD -- Alternate Defender Adm/AF- Admonilion of Attorney Fees Adv- AdVIsed AEF- Alcohol Education Fee APO Adult Probation Office App - Appointment AR -- Accounts Receivable Arr - Arraigned BW - Bench Warrant Cal - Calendar CAP - Community Alternative Program CDCR - Calif Dept of Corrections & Rehabilitation CJAF - Criminal Justice Admin Fee COM - Courts Own Motion Cone - Concurrent Con Decl ~ Conflict Declared Cons - Consecutive COP - Change of Plea CPP ~ Crime Prevention Program On - Court CT - Court Trial CTS - Credit for Time Served Dec! ~ Declared Def - Defendant DEJ - Deferred Entry of Judgment DOR - Dept of Revenue DPF- Drug Program Fee DRF - Diversion Restilution Fee DSA - Defendant’s Statement of Assets DV - Domestic Violence DVPO - Domestic Violence Protective Order EMAT- Emergency Medical Air Transportation Penalty Enhs ~ Enhancements ERC - Early Resolution Calendar FAR - Felony Advance Resolution FOP - First Offender Program FSF - Future Serious Feiony Hrs ~ Hours HTO - Habitual Traffic Offender ICIN - Conviction Assessment Infraction ICMF - Conviction Assessment/ MlSD / Felony lDC - Identification of Counse! llD - Ignition Interlock Device Immig - Immigration Ins - Insurance MDA ~ Motion by Disirict Attorney Misd w Misdemeanor Mod ~ Modified MOP ~ Multiple Offender Program Mos - Months MS - Mandatory Supervision NG - Not Guilty NGBR! - Not Guiity by Reason of Insanity NWF ~ No Warrent Filed OR - Own Recognizance 0RD u Ordered P/INV - Presentence Investigation Fee PA - Penalty Assessment PD - Public Defender Pen ~ Penalty PO- Probation Office PROS - Post Release Community Supervision Prob - Probation Proc ~ Proceeding PSet ~ Preliminary Setting PTC - Preuial Conference Pur- Pursuam Rect- Receipt of Ref ~ Referred Reg - Register Rein ~ Reinstated Reptr- Reporter Rest- Restricted Restit - Restitution Rpt- Repon Rvk’d - Revoked SAP - Sentencing Alternative Program SIB MTG - Siandby Master Trial Calendar SECA ~ Court Security Fee Sent a Sentenced Stip - Stipulates Susp - Suspended Term’d - Terminated TNW ~ Time Not Waived ng ~ Training TW ~ Time Waived TW/WD - Time Waiver Withdrawn Voc - Vocational VOP ~ Violation of Probation VWAC - Victim Witness Assistance Center Wav - Waived Yrs - Years “ m ~gC®W ' Incident Report 16-6813 55:23” Sunnyvale Police Department 700 All America Way §§§igf2016 Sunnyvale, CA 94086 gflgme Member# ECKFORD, STEPHEN (408)730-7100 Sunnyvale Police Department Incidem No Status CaIllCrime 162620019 Cleared by Arrest DRIVING UNDER THE INFLUENCE Location City N MATHILDA AV/W MAUDE AV Sunnyvale ZIP Code Rep Dist Area Beat From Date From Time 94085 13 1 1 09/18/2016 02:36 Membedfi I ssignment Entered By 15612/ECKFORD, STEPHEN PATROL TEAM B SQUAD 5 15612 Assignment RMS Transfer Prop Trans Stat Approving Officer PATROL TEAM B SQUAD 5 Successful Successful 15790 Approval Date Approval Time 09/28/2016 08:29:36 Body Worn Camera (Y or N) Digital Audio Recording (Y or N) MVAR YIN see narrative Vehicle number Y N Y 12 Complaint Requested Ye S " ‘ o u u - a lnvl lnvl No Type Name MNI ARR 1 I QUINTERO,RONALD 1098959 Race DOB H 04/12/1990 :.Vehlcle Summary “3:. ,, «:7 ,. lnvl Type License No Lic Year Year M e Style DUI-- zoos zoos w- Summary Narrative SUMMARY: On 9/1 8/16 at approximately 0236 hours, I conducted a traffic enforcement stop for a violation of 21658(a) VC-Lane Straddling. Upon contact with the driver, Several Field Coordination Tests were conducted in which the driver was determined to be too intoxicated to drive. The driver was placed under arrest and later released with a written promise to appear. This case was cleared by arrest and was forwarded to the Santa Clara County District Attorney's Office for review and prosecution. Pig: PSO Eckford, Investigating Officer, DUI Report PSO Mula, Fill Officer, Transport PSO Scott, Fill Officer, No Report Repofl Officer Printed At 15612/ECKFORD, STEPHEN , 10/15/2016 11:58 Page 1 of 5 o o Incident Report 16-681 3 2”???"‘m Sunnyvale Police Department NTERo,RoNAL; “‘ Involvent Invl No Type Arrestee 1 Individual Name MNI QUINTERO , RONALD 1098959 Race Sex DOB Age Juvenile? Height Weight Halr Color Eye Color Hispanic/Mexican/Latin Male 04/12/1990 26 No 5'11" 200# Black Brown PRN NmRs 6 62 1 2 0 Type Address Home ZlPCode DateE _ (Not for boat RES) - 09/18/2016 Type ID No OLS Operator License - _ (Not for boat RES) Type -- Phone Type Phone No Date C (_ 0 9 / 1 8 / 2 0 l 6 Involvement Arrest Type - Arrest Date Arrest Time Book Date Book Time Status Arrested Arrested 09/18/2016 02:57:00 09/18/2016 02:57:00 Booked Dispo Arrest Location Misdemeanor N MATHILDA AV/W MAUDE AV Clty ‘ Rep Dist Citation No Beat Sunnyvale 13 T492748 1 Charge Level Charge Literal vc2352 (B) ‘ :Méhicl'e: 6KWV1 :10: A Involvement DUI alcohql .08 perc Vehicle/Vessel involved in DUI Auto 6KWV110 State Lic Year Year Make Color California (Not for boat RES) 2006 2006 Lexus Silver/aluminum Storage Location Secured at location Link Invoivement Invl No Name Race Sex DRV ARR l QUINTERO,RONALD H M DOB H04/;2/199o odus Operands I Crime Code(s) Alcohol DETECTION. On 9/1 6/16 at approximately 0236 hours, Iwas in a full police uniform operating a marked Sunnyvale patrol vehicle (#1 2) for the City of Sunnyvale in the County of Santa Clara. At the time, my vehicle was equipped with a Mobile Video Audio Recording (MVAR) system. My vehicle's MVAR system was active during this event. Additionally, I was equipped with a body worn camera (BWC) which was also active during this event. During the listed date and time, | was on routine patrol in the area of Mathilda and California. While there | observed a silver Lexus sedan (6KWV1 10) traveling northbound on Mathilda in the #2 lane. As the vehicle continued northbound | watched as the vehicle began to significantly straddle between the #2 and #3 lane of northbound Mathilda. l recognized this as a violation of 21658 (a) VC and decided to conduct a traffic enforcement stop. APPREHENSION : I positioned my patrol vehicle behind the suspect vehicle. [then fully activated my vehicles emergency lighting equipment which included a solid red forward facing light and siren. The vehicle vehicle yielded and eventually stopped northbound Mathilda just south of 498 N Mathilda. OBSERVATIONS : Repod Officer Printed At 15612/ECKFORD, STEPHEN 10/15/2016 11:58 Page 2 of 5 i. a b t . . Incident Report 16-6813 ??igmm Sunnyvalollce Department “‘Narrative‘l, H ‘ ‘ H I , ’ ‘ I. . H ‘ i; ‘ l approached the vehlcle and contacted the driver, Ronald Quintero. As | spoke with Quintero, | noticed that he had the strong distinct odor of an alcoholic beverage coming from his person. Furthermore, | noticed that he had bloodshot watery eyes, slurred speech and later noted an unsteady gait. I asked Quintero if he had been drinking any alcoholic beverages today. Quintero stated he had consumed two alcoholic beverages earlier in the night. Based on Quintero‘s driving indicators and his admission of consuming alcohol, | decided to conduct several tests to further assess his level of intoxication. I asked Quintero to exit his vehicle and directed him towards the paved east sidewalk of Mathilda. As Quintero walked over to the test location, | noticed an unsteady gait. Several moments later, I asked Quintero if he would perform several Field Coordination Tests (FCT‘s) to further determine if it was safe for him to drive. Quintero agreed. . Quintero stated he was not sick or injured. Quintero stated he was not epileptic or diabetic. Quintero was not under the care of a doctor or dentist and did not take any prescribed medication. Quintero stated he had no major physical defects. Quintero stated he was not wearing any prescription glasses but was currently wearing contacts as he normally does. Quintero chose to keep his shoes on for the Field Coordination Tests. Quintero stated he had consumed two alcohoIic beverages. The tests were performed on the east paved sidewalk of Mathilda, just south of 498 N Mathilda. The sidewalk was flat, dry and level. There area was free of objects that could affect the footing of Quintero. During the time of the stop, the area was lit overhead lights as well as those of patrol vehicles. The weather was clear and dry. All tests were explained and then demonstrated prior to examination. FIELD COORDINATION TESTS: HORIZONTAL GAZE NYSTAGMUS (HGN): | asked Quintero to open his eyes wide and concentrate on the tip of my finger (stimulus point). | asked Quintero to follow the tip of my finger with his eyes and eyes only. | specifically instructed Quintero not to move his head, and to follow my finger with her eyes only. l held my finger approximately 12-15 inches away from Quintero's nose and slightly above eye level. I observed both pupils and they appeared equal in size. | swept my hand to Quintero's left and right and noticed his eyes were not tracking smoothly (lack of smooth pursuit). This was done twice for each eye. l then took my finger to the extreme left and right of Quintero's range 0f vision and held it there for approximately 3-4 seconds. There was distinct nystagmus at maximum deviation. | swept my finger back and forth across Quintero's face several times and noticed early onset of HGN prior to 45 degrees in both eyes and in both directions. Vertical nystagmus was not performed. It should be noted that although this test was eventually successfully preformed, Quintero had to be reminded numerous times to move only his eyes and not his entire head. WALK Aug TURN TEST: | asked Quintero to place his left foot in front of his right, heel to toe in preparation for the test. Quintero was then told to walk a straight line down the center of a cemented line. As he did so, Quintero was advised to place his hands down at his side. This was demonstrated. | then instructed Quintero to walk nine steps forward on the straight line, turn around and take eight steps back. | instructed Quintero while walking, to walk heel to toe. Quintero stated he understood. Quintero stumbled into the starting position. Upon starting the test, Quintero walked forward along the straight line, taking nine steps forward and nine steps back. Quintero walked extremely slowly and unsteady, did not touch heel to toe for the majority of his steps and used his arms to balance numerous times. Additionally Quintero nearly fell on his ninth step (first set of 9) and on Report Officer Printed At 15612/ECKFORD, STEPHEN 10/15/2016 11:58 Page 3 of 5 ; ‘(“ ‘i l 1' . . Incident Report 16-6813 SSE???” Sunnyvale Police Depatmrent ‘fNé'fré‘t‘i'Vje‘f. ' H . his eight step (second set of 9). At the conclusion of the test, Quintero almost completely fell over. pig L_E_(_3_ STAND TEST: Quintero was requested to perform the next test. | demonstrated the test and verbalized exactly what was required. Quintero was told to raise either leg six inches off the ground with his toes pointed outward. Quintero was told to keep both arms straight and at his side. Quintero was told to watch his raised foot and count out loud, one-one-thousand, two-one-thousand, three-one-thousand, etc in English until he reached thirty-one-thousand. Quintero was instructed to continue counting wherever he left off if there was a break in the test (Le. putting their foot down). Quintero stated he understood the test. Quintero chose to keep his shoes on, and used his right foot. Quintero then lifted his right foot less than 6" and immediately placed it back down again at nine-one-thousand. Quintero then picked up his foot and started from the beginning but was unable to maintain his balance for even one second. This occurred twice. Quintero insisted on trying the test again and placed his foot down on the following counts: 13, 18, 22 (almost fell over), 25, 27. PRELIMINARY ALCHOHOL SCREENING (PAS) DEVICE: PAS device(_) was used for the field test. Quintero was read the admonishment attached to the PAS device log and agreed to take the test. Quintero was directed to take a deep breath, form a seal around the mouth piece with his lips and blow continuously through the device until all the air is evacuated from his lungs. Quintero eventually provided the following results: Quintero blew a .168 BAC on the first reading and a .159 BAC on the second reading. See the DMV-367 form for further information. ARREST M12 BOOKING: Based on my observations of Quintero and his performance of the field sobriety tests, | found him unable to safely operate a motor vehicle. | informed Quintero he was being placed under arrest for Driving Under the Influence of Alcohol (23152(b) CVC). l placed Quintero in handcuffs and immediately checked for a proper fit and tightness. | then double Iockéd the handcuffs. At the request of Quintero, his vehicle was parked and secured in the parking lot of 498 N Mathilda. As stated in the PAS admonrishment, | offered Quintero a Choice of blood or breath sample for evidence in this case. Initially requested an attorney before making his decision. After showing Quintero a copy ofthe DMV admonishment, Quintero chose to provide a breath sample. Shortly thereafter, Quintero was transported to SVDPS for booking by PSO Mula. I then went to SVDPS where I read Quintero page two of the DMV-367 form verbatim. Upon being admonished, Quintero agreed to provide a breath sample. ' Shortly thereafter, PSO Sprayberry administered Quintero with the breath test using the lntoxolyzer machine. Quintero provided two consistent samples of .16 BAC. Quintero was later provided a Miranda admonishment he provided a minimal statement as documented on the DPS DU! form (see attached). It should be noted that Quintero later admit to drinking two 12-02 beers and four shots. Quintero was eventually issued a criminal citation for 23152(b) VC. Quintero signed the citation as a written promise to appear and was released to the custody of a licensed and sober friend, Marcela Gomez (see attached form). Report Officer Printed At 15612/ECKFORD, STEPHEN 10/15/2016 11:58 Page 4 of 5 ’K 0 o Incident Report 16-681 3 5&3” Sunnyvale Police Department a s“ ad was forwaded to the Santa Clara County District Attorney's Office for reviewse was CleaIs and prosecution. Report Officer Printed At 15612/ECKFORD, STEPHEN ' 10/15/2016 11:58 Page 5 of 5 mURTEWD SAFETYDEPARTMENT 0F PUBLIDaufi Rgafi-‘fim? CASE NUMBER CRyb DATE] TIME OF STOP ‘ LOCATION OF OCCURANCE fl x x '6 yv 023/2ARREST E'S NA E (LAST. FIRST. MI) YES n N0?) YES D NOv VEs r1 No yr YES D No Q: ARE YOU SICK OR INJURED? ARE YOU D’ABETIC OR EPILEPTIC? D0 YOU TAKE INSULIN? DO YOU TAKE DILANTIN? MungEmmi: DO YOU HAVE ANY PHYSICAL DEFECTS? (FEET, LEGS, ANKLES, HIPS,~ETC. ) ‘ ARREST CHARGE(S) see ACCIDENT REPORT D YES r1 No'Fr YEs D No fi DRIVING ESTABLISHED BY 1 OFFICER'S OBSERVATION (998 23sm LbWL, !l WITNEsstFmsae NARRATIVE) D . Maw. . :fiWfiW . .. . ‘ ARE YOU UNDER DOCTOR/DENTIST CARE? YES n NO HAVE YOU BEEN DRINKING? YES NO F] HAVE YOUTAKEN MEDICATIONIDRUGS'I YES D N0 HOW MUCH HAVE YOU HAD T0 DRINK? ‘T VEHICLE DESCRIPTION AND LOCATION saw “?‘qu Lew DESCRIBE TEST LOCATION SURFACE. WEATHER. AND LIGHTING ?(Nedb 69$? ‘eawaW 9;: CLOTHING WORN {CONDITION / SHOE TYPE} WlmM/aveflx‘cm WEE? LagrA-TS ~ .-m m6 3mg ~. PMK$ <3\=\‘-Q~ \ n: NOT GIVEN, STATE WHY: ’/ fl WEARING GLASSES? yes n NOW WEARING CONTACT LENSES? YE NOD LINE WALKING IHEEL-To-To SHOES REM NORMALLY WEAR GLASSES? yes m NOB NOWYWEAROONTACrLBxISES? yes m Non yes D Ngfi yes D Ndfl ' AT SCENE AT Ha ' AT scané AT Ho - leé: ODOR 0F ALCOHOLIC BEVERAGE Yes‘fl NOD YESw NOD A'rrrrunE - I' u, ‘I ,Qooskwwmm~-- . gaMt-mm“uE flEYES I PUPILS Aaa$~gm WarMW SPEECH - 5qugeb agm WALKAaxLIT-Y . ~ x)A%W uNfim \I ORIENr/mon: LOCATION ‘ '- iNib. N A ORIENTATION: ACTUAL LOCATION K K) ORIENTATION: TIME \ \ ORIENTA‘HON: ACTUAL TIME < I LEFT FOOT IOR'GHT FOOT I ALCOHOL GAZE NYSTAGMUS ONE~LEG STAND TEST WALK & TURN TEST RI LEFr AT HQ AT N ADT HQg 1. ONSET occuns BEFORE 45° n 1. swms WHILE BALANCING 1. Losss BALANCE DumNG INSTRUCTIONS(Do NOT SCORE UNLEss SOME WHITE Is (sroE-To-SIDE 0R BACK-AND-FORTH MOTION (DOES NOT MAINTAIN HEEL-TOTOE POSITION VISIBLE 0N BOTH SIDES 0F IRIS) WHILE MAINTAINING ONE LEG STAND THROUGHOUT THE INSTRUCTIONS) POSITION) EsTlMATED ANGLE 0F ONSET; r D 2. STARTS BEFORE INSTRUCTIONS ARE 2. uses ARMS To BALANCE (MOVES ARMS e 0R MORE INCHES FROM SIDE FINISHED a 2. MODERATE I DISTINCT NYSTAGMUS @ To MAINTAIN BALANCE 1N ONE LEG STAND (DOES NOT WAIT UNTIL You TELL HIM/HER ToEXTREMEs FosmoN) BEGIN As PER THE INSTRUCTIONS) (Do NOT SCORE 1F You ONLY SEE PAINT I JERKING THAT OCCURs AT THE ONSET POINT) D 3. Hoppme n 3. STOPS WHILE WALKING (ABLE To KEEP ONE FOOT OFF THE GROUND (PAuses FOR SEVERAL SECONDS AFTER A 3. CANNOT smoomLY FOLLow A MOVING BUT RESORTS TO'HOPPING To MAINTAIN STEP) OBJECT BALANCE) - (BE SURE JERKINEss WAS NOT DUE To You n 4. Doeswr TOUCH HEEL-To-Tos -MOVING THE OBJECT INA JERKV MANNER) D 4. Purs FOOT DOWN (LEAVES 1/2 INCH 0R MORE aErWEEN HEEL (NOT ABLE To MAINTAIN ONE LEG STAND AND TOE 0N ANY STEP. ALso SCORE THIS D 4. VERTICAL NYSTAGMus OBSERVED POSITION. PUTTING FOOT DOWN 1 0R MORE ITEM 1F THE SUBJECT FAILS To WALK EVEN g 5. mrsTAemus NOT OBSERVED ' TIMES DURING THE 30 SECOND COUNT) WITH THE LINE) D 5. cANNO'r Do THE TEST n 5. STEPS OFF THE LINE (PUTS FOOT DOWN a 0R MORE TIMES DURING (SUBJEcr STEPS so THAT ONE FOOT Is THE so SECOND COUNT) ENTIRELY OFF THE LINE. coum' THIS rrEM ONLY ONCE) [j D 6. TEST succEssr-‘ULLY COMPLErED D s. uses ARMS To BALANCE (RAISES ONE 0R BOTH ARMS 6+ INCHES FROM SIDES To MAINTAIN BALANCE) OPTIONAL TEST(S)- ~- . D. 7. Loses BALANCE WHILE mRNING ._.. (Removes THE vaor FOOT FROM THE LINE(Pbg Tia”?’$€E DMV’ cc Wm0t WHILETURNING)' D D s. chRREc'r NUMBER 0F srsps (TAKES MORE 0R Less THAN 9 STEPS IN EACH DIRECTION. Do NOT COUNT THIS ITEM IF SUBJECT HAS TROUELE COUNTING) "D D 9. CANNOT Do THE TEST (STEPS OFF THE LINE a 0R MORE TIMES, Is 1N DANGER 0F FALLING, 0R OTHERWISE DEMONSTRATES INABILITY To COMPLErE TEST) géjflfigggy MEEE‘ST “w p‘fl D n 1o. TEST succssswuv cOMPLETED BLOOD D URINE E] NONE D f LOCATmN: sopsfi VMc D EL CAMINo HOSPITAL D A.I.B D OTHER: TIME? gm BREATH . TEST REFUSED D DMV FORM DL367 COMPLETED I SEP 2220M D.U.l.-REPORT P 2 a 9 O 0 CASE NUMBER CR- Ho" €988 . MIRANDA ADMONISHMENT 2. ANYTHING YOU SAY MAY BE USED AGAlNST YOU IN COURT. BEFORE ANY QUESTlONING. Do you understand that?%~ Do you understand? .9.- THE ABOVE STATEMENT WAS READ TO THE ARRESTEE BY :52 ‘I’ZmlZ S2 ‘ z‘ 'M‘ - a . '” - .‘ ~ f = 1%.". C;>:"~. no you Know 0F ANYTHING mecHANchLLy ‘ ,WRONG ‘ fl /wma YOUR VEHICLE? vas D N0 E] §Qm\ Oj 1. YOU HAVE THE RlGI-{T TO R MAIN SILENT. 3. YOU HAVE THE RIGHT TO T E PRESENCE OF AN ATTORNEY BEFORE AND DURING ANY QUESTIONING.Do you understand? ‘ Do you understand? 4. IF YOU CANNOTAFFORD TO HIRE AN ATTORNEY, ONE WILL BE APPOINTED FOR YOU, FREE OF CHARGE, WHEN DID YOU LAST EAT? WHAT DID YOU-EAT? \ / r-f" ‘ . C) .’V \‘ioe ‘flfllbp \g095m, hang (”yawn \N .\ ?\i bm\WERE YOU DRIVING THIS VEHICLE? IF NO, WHO WAS? V ~’ YES NO D HAVE ypu BEEN DRINKING? WHAT WERE Y0uDRINKING7 How MucH mo You RINK? WHAT TIME mo You START DRINKING7 WHAT TIME mu you STOP DRINKING?YES, N0 Dy W um 1 @5835 Ll gxéw‘g ”£300 xv 0‘30 WHERE WERE YOU DRINKING? WHO WERE YOU DRINK! G WITH? DO YOU FEEL THE EFFECTS OF THEIDRIEK? 1F YES, DESCRIBE:/?&‘Zfs/ ’ '\6% YESW0 D HAVE YOU BEEN DRINKING SINCE TH CIDENTI IF YES, WHERE? HOW MUCH? INOIDENTuF APPLICABLE)? s D N0 D ARE YOU INJURED? IF YES, HOW? DO YOU HAVE AN EXPLANATION FOR HOW YOU WERE DRIVING? YEs D N0V DO YOU HAVE AN EXPLANATION FOR HOW YOU PERFORMED THE TESTS? yes D nofl' DO YOU HAVE A Y OTHER STATEMENT(S) YOU WOULD LIKE TO MAKE? YES D. NM IN THE OPINION OF THE ARRESTING OFFICER(S), ARRESTEE WAS UNDER THE INFLUENCE OF AN INTOXICANT AND UNABLE T0 SAFELY OPERATE A MOTOR VEHICLE. N0 D fl REFER TO ATTACHED NARRATIVE [:l SEE ACCIDENT REPORT a OFFICER'S NAME EMP NO SUB "ITED TEAM/SQD SUPERVISOR REVIEW EMF NO DATE REVIEWED(g9 DAT>~ comma nm‘ ?,ZZ-FW Fag“ PS 322 (REV 596) surronutomm L A . ‘ - ‘ APS 1wmmwmmm' AGE 21 AND OLDER OFFICER’S STATEMENT FORWARD THISFOHMWITH/N5BUSINE55 ' ' SEC . 53.2 ODE CVCA PubI/c SerwceAgency TIONS 13353, 13353 1, 133 8L 13389 CAI'JFORNIA VEHICLE C ( ) DAYS 7.0 YOUR LOCAL DRIVER SAFETYCOMPLETE 'IN BLACKINK ‘ OFFICE, LISTED 0N THEBACK 0FPAGE? LAW ENFORCEMENTAGENCY CASE NO.‘ DETENTION/ARREST'DATE ‘ lFOR'DMV‘USE‘ONLY V ' Swag; was -» ~ .. ‘ «w ‘ - luv A ‘ ‘ t H M 7 v f‘ n p, A. . . V " ” ’ ""V,“'””“",. l ‘ y; ‘ - ~ I m m m . “.mu. ,st M ; w SUNQ/VALE DEPARTMENTOQUBLICSAFETY i CITATION ' s ‘ ‘ v --.....,...,..._........_... - _ ~ i. l ~ , I .. ‘ cougfis cow City of Sunnyvale Department of Public Safety ISDEMEANOR ‘ . T&QZ‘E-fia NOTICE TO APPEAR Mraffic D Non Traffic Daie of Violati/oliMlTime‘s Day ofwWeeks a e No./ rr t D Own'er‘s Responsibilily (Veh. Code, § 40001) . --- um 4‘ a ‘ Na‘me (First. Middle,bLast . .Jv -11 1M L r . - _. WWWMH ‘ Correctable Vlolallon (Veh. Code, § 406‘1 0) D Backing Required (Seé Reverse) ~~ Infracuon (Cimlé)é "t Yes No odeandSeclion Description g a ya zgkm k;v.»;>\gz,_ ma: (EM - . .a .43 El D I DD M 5 M I £ D D M I N SpeedApprox. PF/Max Speed l Veh Limit I Safe I Radar/Lidar I W E u ”ma. -1:....;_..,........m :rxA: 19.5.. Location of Violati n(s) i ' At wzm4mRM DAccident a Comments (Weather. Road & Tr gin CWIions) I L n L_. s , 1 i 'D Violations not committed In my pre§ence, declared on information and belief. l declare under penalty of perjury un and correct. ‘ ' - mugeam 675W. al / ' i]! Dec. Date Arresiing or Clting Officer ID Number f ‘ ' : “1‘ wr'i. der the laws of the State of California 1he foregoing is true w y / I ,; ‘ Name of A'rrestlng Officer if different from Cifing Officer ID Number g wzn- ' ‘~ ‘51-'71: w A 3m- g;