People v. McCleary CA5

INTRODUCTION

A jury convicted defendant Benjamin Allan McCleary III of evading a pursuing peace officer while operating a motor vehicle with disregard for the safety of others. On appeal, defendant argues that his counsel was constitutionally ineffective (1) in failing to request that the jury be instructed that his voluntary intoxication prevented him from forming the specific intent to evade and (2) by successfully excluding evidence of blood test results that proved the presence of methamphetamine in his system during the offense. We conclude that the record of counsel’s reasons for these strategic choices is insufficient to assess defendant’s arguments and affirm the judgment because no evidence demonstrates the relationship between the level of methamphetamine in defendant’s blood and its effect on his ability to form the specific intent to evade the officers.

PROCEDURAL BACKGROUND

The District Attorney of Kern County filed an amended information on October 2, 2023, charging defendant with eluding a pursuing peace officer with intent to evade while operating a vehicle with disregard for the safety of persons or property (Veh. Code,1 § 2800.2; count 1) and misdemeanor…