Albritton v. Superior Court

Opinion

KING, J.

In this case we hold that Evidence Code sections 1043-1045 have not been abrogated by Proposition 115.

Petitioner John Steven Albritton is charged with one count of assault with a deadly weapon on a police officer (Pen. Code, § 245, subd. (b)), and two counts of assault on a police officer (Pen. Code, § 243, subd. (c)). Pursuant to the statutory discovery scheme of Evidence Code sections 1043-1045, petitioner filed a

Pitchess

motion

(Pitchess

v.

Superior Court

(1974) 11 Cal.3d 531 [113 Cal.Rptr. 897, 522 P.2d 305]) for discovery of the personnel files of the officers involved. The superior court denied the motion on the sole ground that Proposition 115 had repealed the Evidence Code provisions and bars

Pitchess

discovery. Petitioner seeks a writ of mandate to vacate the denial of his motion. We stayed petitioner’s trial and asked the People to file preliminary opposition to the petition. The People concede error and their concession is well advised. We issue the requested writ.

Among other things Proposition 115 enacted sections 1054 and 1054.5 of the Penal Code. Section 1054.5, subdivision (a), provides that, “No order

[963]

requiring discovery shall be made in criminal cases except as provided in this chapter.” Section 1054, subdivision (e), provides that “no discovery shall occur in criminal cases except as provided by this chapter,

other express statutory provisions,

or as mandated by the Constitution of the United States.” (Italics added.) As the People succinctly put it, “Evidence Code section 1043 is an ‘other express statutory provision,’ and therefore remains operative.”

By its express terms, Proposition 115 does not abrogate or repeal the express statutory discovery authorized by Evidence Code sections 1043-1045. The trial court’s ruling to the contrary is in error. Petitioner is entitled to have his