People v. Jesus J.

Opinion

SONENSHINE, J.

In this appeal we determine the trial court erred in dismissing the proceedings against Jesus for discovery abuses without considering the interests of justice and Jesus’ welfare. Accordingly, we reverse.

[1059]

I

On October 5, 1993, a Welfare and Institutions Code

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section 602 petition was filed charging Jesus with robbery. The next day, Jesus was ordered detained pending a jurisdictional hearing on October 26.

On that day, Jesus was ready for trial before Judge Briseno. However, the judge reported, “The district attorney has informed me that they’re unable to proceed as of today’s date. However, they plan to be ready to proceed to hearing within two weeks.” Judge Briseno released Jesus and ordered him to appear for trial on November 10. In addition, the judge stated, “I’ve also indicated that if the petitioner is unable to proceed on that date, [] the matter will be dismissed on the court’s own motion.”

On November 10, the parties appeared before Judge Hutson. Defense counsel indicated she had received police reports from the prosecution that day and needed more time to read and investigate the reports. She informed Judge Hutson that her failure to receive discovery before the original trial date of October 26 was the impetus for Judge Briseno’s threat to dismiss the case. Apparently, the district attorney’s office was doing its best to obtain the police reports, but the police department was not cooperating. Judge Briseno “felt that the police department needed to be taught a lesson” for being obstinate.

The prosecutor admitted his office had failed to supply timely discovery in the case. However, he argued the seriousness of the crime and lack of bad faith precluded dismissal. Instead, the prosecutor suggested “a sanction such as preventing the People from utilizing potentially inculpatory material.”

Judge Hutson was not persuaded. He noted the defense would likely need time to examine the recently disclosed reports. He found the tardiness in discovery “to be in violation of the intent that Judge Briseno had” and dismissed the case “with prejudice for failure to provide discovery.”