People v. Atkins CA2/5

Filed 12/4/13 P. v. Atkins CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B245835

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA386232) v.

FLOYD ATKINS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Clifford L. Klein, Judge. Affirmed. Daniel R. McCarthy, 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, and Mary Sanchez, Deputy Attorney General, for Plaintiff and Respondent.

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The jury found defendant and appellant Floyd Atkins guilty of one count of discharging a laser at an aircraft, in violation of Penal Code section 247.5.1 It acquitted defendant of a second section 247.5 violation. The trial court sentenced defendant to three years in county jail, two of which were suspended, to be served under mandatory supervision pursuant to section 1170, subdivision (h)(5). Defendant contends the trial court erred in admitting prejudicial evidence of prior uncharged crimes. He also challenges the trial court’s disposition of his motion for review of the personnel records of four police officers pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). We affirm the judgment.

FACTS Prosecution

In the early morning hours of July 4, 2011, a Los Angeles Police Department helicopter, identified as Air Unit 3, was struck by a green laser while flying over downtown Los Angeles. Tactical Flight Officer Chris Mezich was able to pinpoint the source of the laser beam to a house in the area of Paloma and 29th Streets. Officer Mezich had been hit by a green laser originating in the same area twice within the previous two weeks. Soon after Air Unit 3 was struck by the laser, Air Unit 18 relieved it from patrol. Air Unit 18 began flying southbound along the 110 freeway when it, too, was hit with a green laser originating in the same area. Air Unit 18 radioed ground units and reported the incident. Los Angeles Police Officers Byron Hernandez and Jordan Ornelas responded, as did Officers Tornek and Sanchez. The officers approached a house at 1001 East 29th Street through an alley between Griffith Avenue and Paloma Street. They