People v. Cooper CA5

INTRODUCTION

On April 5, 2013, defendant Edward Emil Cooper was charged with one count of evading an officer while operating a motor vehicle in willful disregard for the safety of others (count I, Veh. Code, § 2800.2, subd. (a)), one count of evading an officer by driving a motor vehicle in a direction opposite to traffic (count II, Veh. Code, § 2800..4), and one count of driving with a suspended license (count III, Veh. Code, § 14601.2, subd. (a)).

As to count III, the information alleged defendant had committed four prior violations of Vehicle

Code section 14601.2, subdivision (a) within seven years of the offense alleged in count III. Following a jury trial, defendant was found guilty of all charges and subsequently sentenced to an aggregate term of 32 months in prison. On appeal, defendant argues that (1) defendant was prejudiced by inadmissible hearsay evidence, (2) the prosecution impermissibly shifted the burden of proof onto defendant during closing argument, (3) there was insufficient evidence to support defendant’s convictions, (4) the prosecution committed misconduct by disparaging defense counsel during closing argument, (5) defendant was prejudiced by the…