P. v. Velez CA2/7
Shortly after midnight, Michael Velez fled from the police, driving a stolen car at speeds in excess of 95 miles per hour through the streets of Pomona before crashing into a palm tree. A jury found Velez guilty of driving in willful or wanton disregard for the safety of a person or property while fleeing from a pursuing peace officer and unlawfully driving or taking a vehicle. The police officer who engaged in the pursuit lost sight of the fleeing vehicle before he found an injured Velez lying on the ground near a damaged car. Velez contends the trial court erred by admitting the officer’s opinion testimony that Velez was ejected from the car as a result of the collision. Velez argues that because the officer was not qualified as an expert in accident reconstruction, the admission of his opinion was prejudicial error.
We conclude the officer’s testimony was admissible as lay opinion, and, in any event, any error in admitting the opinion testimony was harmless. We therefore
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