P. v. Mantzouranis
A jury convicted appellant, Caleb Daniel Mantzouranis, Sr., of driving under the influence of drugs and/or alcohol (Veh. Code, § 23152, subd. (a)), and in a separate proceeding appellant admitted a special allegation that he had suffered a prior conviction of that offense (Veh. Code, §§ 23550, 23550.5). The court suspended imposition of sentence and placed appellant on five years’ probation, one of the conditions of which was that he serve nine months in county jail.
As discussed more fully below, prior to the defense’s presentation of the testimony of an expert witness, the court made a ruling prohibiting the expert from testifying as to any opinion that the expert based on certain matters set forth in a document prepared by a physician who, according to defense counsel, had treated appellant. On appeal, appellant argues that this ruling violated Evidence Code section 801 (section 801) and appellant’s rights under the United States and California Constitutions “to Due Process, a fair trial and to present a defense†because the ruling “improperly restricted appellant’s direct examination of his expert witness regarding a critical issue.†We affirm.
Comments on P. v. Mantzouranis