People v. Shepherd CA2/4

INTRODUCTION

Defendant Keith Shepherd appeals from the judgment entered following his conviction by jury of violating Vehicle Code section 2800.2, driving in willful or wanton disregard while evading a peace officer. Defendant was sentenced to three years in prison and ordered to pay various fines and fees. He contends the trial court erred by excluding his mental health expert witness from testifying about certain statements defendant made to the expert as they bear on the defendant’s mental state at the time of the incident. We conclude that a portion of the expert’s testimony was erroneously excluded, but that the error was harmless. We therefore affirm.

FACTUAL AND PROCEDURAL HISTORY

An information filed on November 21, 2012, charged defendant with one count of violation of Vehicle Code section 2800.2, subdivision (a), driving a vehicle in willful or wanton disregard for the safety of persons or property while fleeing a pursuing peace officer. The information further alleged that defendant had six prior convictions resulting in prison terms. (Pen. Code, § 667.5, subd. (b).) The jury trial commenced on April 19, 2013. A. Prosecution’s Case Los Angeles Police Department…