California, United States of America
The following excerpt is from People v. Byrd, 1 Cal.App.5th 1219, 205 Cal.Rptr.3d 670 (Cal. App. 2016):
The fact that the officers were assigned to the patrol unit and were in a patrol car at the time of the pursuit is not sufficient to prove that either officer was wearing a police uniform or other distinctive police attire. To infer evidence of a distinctive uniform rather than plainclothes or another less than distinctive outfit from the evidence in the record before us would be pure speculation. (See People v. Shakhvaladyan (2004) 117 Cal.App.4th 232, 238, 11 Cal.Rptr.3d 590 [reversing conviction under section 2800.2 because the record did not include any reference to the fact that ... [the officer] wore a distinctive uniform], disapproved on other grounds by Hudson, supra , 38 Cal.4th at pp. 10091011, fn. 3, 44 Cal.Rptr.3d 632, 136 P.3d 168.)
The People do not provide any authority in support of their brief argument that we
[205 Cal.Rptr.3d 674]
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