P. v. Diaz
John Sylvester Diaz appeals from the judgment entered after his no contest plea to driving with a blood-alcohol level of .08 percent or more. (Veh. Code, § 23152, subd. (b).) Appellant admitted three prior convictions of driving under the influence. The three priors made the present crime a felony offense. ( Id., § 23550.) Appellant was granted probation on condition that he serve 300 days in county jail.
Appellant pleaded no contest after the trial court had denied his motion to suppress evidence pursuant to Penal Code section 1538.5.[1] Appellant contends that the trial court erred because the police made a warrantless entry into his residence without probable cause or exigent circumstances. He also contends that the warrantless, nonconsensual drawing of blood from his person violated his Fourth Amendment rights. We affirm.
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