What is the test for whether a police officer qualifies as a peace officer under section 830.33, subdivision (b) of the California Penal Code?

concede, that the latter instruction was erroneous. A Santa Barbara Harbor Patrol officer qualifies as a peace officer only if the People prove the requirements of either the first or second clause of section 830.33, subdivision (b). Moreover, the constitutional right to a jury trial means that no matter how conclusive the evidence, a trial court cannot directly inform the jury that an element of the crime charged has been established. Absent a stipulation by the defendant that an element is established or is admitted, the trial court must submit that question to the jury. [Citations.] (People v. Yarbrough (2008) 169 Cal.App.4th 303, 315, 86 Cal.Rptr.3d 674.)

The error here is harmless beyond a reasonable doubt because the jury necessarily resolved [the peace officer] issue[ ] against appellant[ ] under other instructions. [Citation.] (People v. Samaniego (2009) 172 Cal.App.4th 1148, 1165, 91 Cal.Rptr.3d 874.) For Hubbard to qualify as a peace officer under the second clause of section 830.33, subdivision (b), the People were required

[229 Cal.App.4th 1385]