The People v. Johnson

Filed 8/8/13 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B240837

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA114598) v.

MAIBREN DORIAN JOHNSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Kelvin D. Filer, Judge. Affirmed. G. Martin Velez, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews and Herbert S. Tetef, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant Maibren Dorian Johnson violated probation and was sentenced to six years in prison for a 2010 robbery conviction. He contends the trial court violated his right to receive a timely probation revocation hearing when it continued the hearing for two weeks without good cause. He also asks that we independently review the trial court’s in camera review of police personnel records. We conclude that although no good cause justified continuing the probation revocation hearing, Johnson suffered no prejudice from the delay, and we agree with the trial court that the police personnel records it reviewed contained no discoverable information. Therefore, we affirm. BACKGROUND In 2011, Johnson pled no contest to two counts of second degree robbery and was sentenced to six years in prison. The sentencing court suspended execution of the sentence and placed Johnson on three years formal probation with various terms and conditions, including the requirement that he agree to submit to searches by law enforcement officers with or without a warrant or probable cause. On January 13, 2012, Sheriff’s deputies Eddie Ochoa and James Chambless detained Johnson and, upon searching him, found 18 baggies of marijuana and 4 debit and credit cards in names other than his own. The probation department filed probation violation reports on January 18 and February 1, 2012, and after a one-month continuance requested by Johnson, a probation revocation hearing was calendared for April 12, 2012. On February 7, 2012, Johnson filed a Pitchess1 motion requesting pretrial discovery of the arresting deputies’ personnel records. After reviewing the records, the trial court concluded no discoverable material existed. On April 12, 2012, the prosecutor requested a further continuance, stating, “[w]e were attempting to do this today. Unfortunately the witnesses are not here, so I cannot proceed today.” The prosecutor offered no further explanation. Over Johnson’s objection the trial court continued the hearing to April 27.