People v. Pressley CA4/1

I. INTRODUCTION

A deputy sheriff conducted a traffic stop from which the driver fled. The deputy found a loaded revolver under the driver’s seat of the suspect’s van. Portions of the events were captured on video. At trial the deputy, and a detective later assigned to the case, both identified defendant Gregory Pressley as the fleeing driver. The jury found Pressley guilty of possession of

a firearm by a felon (Pen. Code,1 § 29800, subd. (a)(1)) and possession of ammunition by a prohibited person (§ 30305, subd. (a)(1)). The trial court placed Pressley on probation for two years. Pressley raises two issues on appeal. First, Pressley contends the trial court erred by allowing the deputy and detective to identify him because they lacked personal knowledge of his appearance. We find no error as to the deputy (who saw the suspect fleeing firsthand) and conclude any assumed error as to the detective (who saw the suspect only on video and in photos) was harmless. Second, Pressley argues the prosecutor erred by commenting during voir dire on the prospect that Pressley would not testify at trial. (See Griffin v. California (1965) 380 U.S. 609, 615 (Griffin).) We agree the prosecutor…