People v. Flood

I concur in the judgment of the majority affirming the decision of the Court of Appeal. The trial court clearly erred by instructing defendant’s jury to find Officers Bridgeman and Gurney were peace officers within the meaning of Vehicle Code section 2800.3.1 agree the error in this case was not “structural,” as that term is used in Sullivan v. Louisiana (1993) 508 U.S. 275 [113 S.Ct. 2078, 124 L.Ed.2d 182] (Sullivan), and Arizona v. Fulminante (1991) 499 U.S. 279 [111 S.Ct. 1246, 113 L.Ed.2d 302] (Fulminante), and thus is not automatically reversible for that reason under the *508federal…