People v. Dragomir

39 Cal.Rptr.3d 164 (2005) 136 Cal.App.4th Supp. 1 The PEOPLE, Plaintiff and Respondent,

v.

Alin T. DRAGOMIR, Defendant and Appellant.

No. 1-04-AP-000144. Appellate Division, Superior Court, Santa Clara County.

November 7, 2005. [165] Alin T. Dragomir, in pro. per. for Defendant and Appellant.

George Kennedy, District Attorney, Joyce Ferris-Metcalf, Deputy District Attorney, for Plaintiff and Respondent.

Certified for Partial Publication.[*]

OPINION

BRIAN C. WALSH, Judge.

A. INTRODUCTION

Appellant Alin T. Dragomir was cited for speeding. He requested a trial. At trial, where neither appellant nor the respondent was represented by counsel, both the citing officer and appellant testified. After appellant presented his testimony, the court, over appellant's objection, allowed the officer to cross-examine appellant. Appellant was convicted of speeding and was fined.

In the published portion of this opinion, we agree with appellant that it was error for the trial court to allow him to be cross-examined by the officer, whose only proper role was as a witness. However, appellant's conviction is affirmed because he has failed to show that he was prejudiced by the error.

B. TRIAL EVIDENCE

The following evidence was presented through the trial testimony of California Highway Patrol Officer Atkins, the sole witness for the People, who were not represented by a prosecutor. On August 24, 2003, Officer Atkins was on duty, driving a marked patrol vehicle. She was headed northbound on Highway 17 toward Highway 85 in Santa Clara County when she observed appellant's vehicle ahead of her in lane No. three of four lanes. The traffic was moderate and the weather was clear and dry.