Scheer

People v. Scheer

Caution
1998 Cal. App. LEXIS 1065·68 Cal. App. 4th 1009·80 Cal. Rptr. 2d 676·98 Daily Journal DAR 12949·98 Cal. Daily Op. Serv. 9289
Court of Appeal of CaliforniaDecember 22, 1998B118534California6,830 words

Opinion

Opinion

Vogel, J.

Daniel Simon Scheer appeals from the judgment entered following a jury trial that resulted in his conviction of felony hit and run (Veh. Code, § 20001, subd. (a); counts 1, 2) and vehicular manslaughter (Pen. Code, § 192, subd. (c)(2); count 3) and findings, with respect to counts 1 and 2, that he had suffered a prior felony conviction which qualified as a strike under the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and that he had served three prior prison terms (Pen. Code, § 667.5, subd. (b)). He was sentenced to prison on count 1 for a total term of nine years, consisting of a six-year term, or double the three-year middle term, for his conviction, plus three years or one year for each prior prison term enhancement, and to county jail for one year on count 3.

Appellant contends the trial court abused its discretion by allowing evidence about the prejudicial details of his prior conviction for fleeing police officers. Alternatively, he contends his counsel was ineffective for failing to make a motion to limit the scope of cross-examination on that prior. He contends his counsel also was ineffective for failing to object to questions…

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