People v. Smith CA4/1

Filed 12/9/24 P. v. Smith CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083524

Plaintiff and Respondent,

v. (Super. Ct. No.SCD296816)

ANDRE DELOINE SMITH,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, David L. Berry, Judge. Affirmed. Jo Pastore, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Eric A. Swenson and Monique Myers, Deputy Attorneys General.

I INTRODUCTION Defendant Andre Deloine Smith pleaded guilty to being a felon in possession of a firearm and unlawful possession of ammunition. The trial court placed him on probation for a term of eighteen months. On appeal from the judgment of conviction, Smith requests that our court independently review the personnel records of the arresting officer pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess), to decide whether the trial court erred by declining to order the production of any documents responsive to Smith’s Pitchess motion. We have reviewed the personnel records at issue and conclude the trial court did not err in declining to order their production. Therefore, we affirm the judgment. II BACKGROUND Two San Diego police officers initiated a traffic stop after observing a vehicle driving on a public highway with expired registration tags. During the traffic stop, Officer McNett approached the driver’s side of the vehicle and identified Smith as the driver. Officer McNett informed Smith the reason for the stop was the expired registration tags. In response, Smith provided Officer McNett with paperwork and said the registration was up to date. According to Officer McNett, the paperwork included an incomplete DMV registration application and two incomplete one-day moving permits from the DMV. Officer McNett ran a criminal records check for Smith and confirmed the vehicle registration was outdated. Officer McNett asked Smith to step out of the vehicle and handcuffed him. Officer McNett then conducted a warrantless inventory search of the vehicle. He removed blankets from the back seat and discovered a firearm