People v. Green CA2/2

Filed 1/7/14 P. v. Green CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B240421

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA118150) v.

JOHN HENRY GREEN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, John T. Doyle, Judge. Reversed with directions. Robert Bryzman, 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, Senior Assistant Attorney General, Paul M. Roadarmel, Jr., Supervising Deputy Attorney General, Robert C. Schneider, Deputy Attorney General, for Plaintiff and Respondent. ——————————

Defendant John Green appeals his conviction of one count of unlawful possession of a firearm by a felon (former Pen. Code, § 12021, subd. (a)(1)).1 He contends the trial court erred in excluding testimony of a Pitchess2 witness that one of the deputies conducting a search of his home had been accused of planting evidence on an arrestee, and requests that we conduct an independent review of the trial court’s in camera Pitchess hearing to determine whether proper procedures were followed. We find merit in defendant’s contentions that the trial court abused its discretion by failing to order the disclosure of certain Pitchess discovery and the trial court also erred in failing to make an adequate record of the Pitchess hearing to permit meaningful review, and we will conditionally reverse the judgment and remand for disclosure of specified materials and a new Pitchess hearing. FACTUAL BACKGROUND AND PROCEDURAL HISTORY Defendant was charged in an information with one count of possession of cocaine base for sale (Health & Saf. Code, § 11351.5), and one count of unlawful possession of a firearm by a felon (former Pen. Code, § 12021, subd. (a)(1)). The information also alleged prior felony convictions under Penal Code section 667.5, subdivision (b) and Health and Safety Code section 11370.2, subdivision (a). Prosecution Case On April 28, 2011, at approximately 2:00 p.m., Deputy Sheriff Regan Fitzgerald was conducting surveillance of a four-plex residence at 409 North Culver Avenue in Compton with his partner Deputy Saavedra. The deputies were preparing to serve a search warrant at the location. Deputy Fitzgerald observed the red Toyota Corolla described in the search warrant turn into the driveway. About five minutes later, the Toyota left with defendant driving and two female passengers. Deputy Fitzgerald had observed defendant driving the Toyota on two other occasions during the past two weeks,