People v. Stevens CA2/6

Filed 10/19/15 P. v. Stevens CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B255637 (Super. Ct. No. 2011039177) Plaintiff and Respondent, (Ventura County)

v.

JARED ALLEN STEVENS,

Defendant and Appellant.

Jared Allen Stevens appeals a judgment after a jury convicted him of driving while under the influence of alcohol (Veh. Code, § 23152, subd. (a)) and evading an officer (§ 2800.2, subd. (a)).1 We conclude, among other things, that 1) substantial evidence supports the judgment; 2) the prosecutor did not engage in misconduct under Griffin v. California (1965) 380 U.S. 609; 3) Stevens has not shown the trial court erred in admitting evidence about his blood alcohol content; 4) there was no instructional error; and 5) Stevens has not shown the trial court disclosed to jurors that he had a prior conviction. Stevens was sentenced to 28 months in state prison. We affirm. FACTS In the late evening of November 4, 2011, Police Sergeant Terry Burr was driving a police "patrol vehicle." He saw a speeding Toyota Camry driven by Stevens. Burr pursued that car and turned on his red light. Stevens did not stop. Burr activated the

1 All statutory references are to the Vehicle Code.

siren. Stevens accelerated "to a high rate of speed." As Burr continued his pursuit, Stevens turned the corner of a residential street. Stevens was driving at speeds of 50 to 60 miles an hour. Stevens stopped the car, got out and ran toward a residential area. He jumped over a fence and continued to flee on foot. Burr called for support from other police units. Police Officer Jesus Sedeno and another officer arrived. They pursued Stevens and apprehended him. Sedeno took Stevens into custody. Stevens had a "strong odor of alcohol" on his breath. His eyes were red and watery. Sedeno saw "horizontal gaze nystagmus." Sedeno took Stevens to St. Johns Hospital where a nurse "obtained a blood sample from the defendant with his permission." Sedeno observed "the entire process of the nurse drawing the blood." The nurse "clean[ed] the area," drew the blood, placed the blood into a vial, and "capped" the vial. Sedeno placed a label on that vial. He then took the vial to the police department and placed it into a "refrigerated storage locker" and placed a lock on that locker. The test results for the two tests of the blood sample were 0.100 and 0.098. Regina Davidson, a forensic scientist with the sheriff's forensic science laboratory, testified the testing of the blood followed the required "protocol." In the defense case, Dr. Darrell Clarey, a forensic toxicologist, testified that "contamination or fermentation" could have occurred in the blood sample. The sample was not tested until early December. Clarey said hospital records showed Stevens was awake, oriented and mildly intoxicated, which "would argue for levels that are well below an .08." In rebuttal, Crystal Jo Craver, the supervising forensic scientist for the sheriff's forensic sciences laboratory, testified she reviewed the chain of custody and the "batch analysis summary" of the blood sample from Stevens. The laboratory followed the standard operating protocol procedures. The jury found Stevens guilty of driving while under the influence of alcohol and evading an officer. It found him not guilty of a separate count of driving with a blood