Dewey

A jury convicted defendant David Scott Dewey of unlawfully taking and driving a 1973 Dodge motor home (Veh. Code, § 10851) and of possessing the methamphetamine found inside the vehicle (Health & Saf. Code, § 11377). In a separate proceeding, the court found true that defendant had served a prior prison term (Pen. Code, § 667.5, subd. (b)). Defendant was sentenced to three years and eight months in state prison.

In the published portion of this opinion, we determine that the trial court properly permitted defendant to be impeached with his prior Vehicle Code section 2800.2 conviction for fleeing a peace officer by driving with the intent to evade “in a willful or wanton disregard for the safety of persons or property.” In so doing, we conclude that a violation of Vehicle Code section 2800.2 is a crime of moral turpitude as defined in People v. Castro (1985) 38 Cal.3d 301, 314 [ 211 Cal.Rptr. 719 , 696 P.2d 111 ]. In the unpublished portion of the opinion, we address defendant’s claim that the trial court erred by denying his request for a mistrial based upon prosecutorial misconduct.

I. Facts

On September 26, 1994, Sergeant Bryant approached defendant and his wife in…