California Vehicle Code Section 2800.3 Example Case
In People v. Flood (1998) 18 Cal. 4th 470, the defendant was charged and convicted of evading a vehicle operated by a pursuing peace officer resulting in serious bodily injury (Veh. Code, 2800.3)
The trial court failed to submit to the jury the question of whether Officers Bridgeman and Gurney were peace officers.
The Supreme Court found this error harmless under Chapman v. California (1967) because the issue was uncontested and effectively conceded by the defendant; it involved a peripheral element of the offense; it was established by overwhelming, undisputed evidence; and it had nothing to do with the defendant's actions or mental state. (People v. Flood, supra, at p. 507.)