P. v. Collins
Filed 7/28/06 P. v. Collins CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Butte)
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| THE PEOPLE, Plaintiff and Respondent, v. EDGAR MAC COLLINS, Defendant and Appellant. | C049567
(Super. Ct. No. CM021604)
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Following a bench trial, defendant Edgar Mac Collins was convicted of evading a peace officer with wanton disregard for others (Veh. Code, § 2800.2, subd. (a)(hereafter section 2800.2)), driving under the influence of alcohol and a drug (Veh. Code, § 23152, subd. (a)), and being under the influence of methamphetamine (Health & Saf. Code, § 11550, subd. (a)). The trial court acquitted defendant on one count of resisting an executive officer (Pen. Code, § 69) and convicted him of the lesser offense of resisting a peace officer (Pen. Code, § 148, subd. (a)(1)). Defendant was sentenced to three years in prison.
On appeal, defendant argues the trial court violated his rights to due process of law and his right to confront witnesses against him by limiting defense counsel's cross-examination of the investigating officer. He also argues there is insufficient evidence to support his conviction for evading an officer, and that he was entitled to presentence custody credit. We affirm the judgment, finding the custody credit claims moot and the other contentions without merit.
Facts and Proceedings
Mark Piland, defendant's parole officer, saw defendant drive by him on May 28, 2004. Defendant was a parolee at large, having missed every drug test since March 1. Piland stopped his car and called the police after defendant made a U-turn and came towards him. Defendant â€
