People v. Meighan CA2/6

Filed 3/3/14 P. v. Meighan CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B245647 (Super. Ct. No. MA055049) Plaintiff and Respondent, (Los Angeles County)

v.

DEANDRE D. MEIGHAN,

Defendant and Appellant.

Deandre D. Meighan appeals from the judgment after a jury convicted him 1 of assault with a deadly weapon (ADW). (Pen. Code, § 245, subd. (a)(1).) Appellant was sentenced to fours year state prison and claims the trial court committed discovery, evidentiary, and sentencing errors. We strike the $400 domestic violence fine (§ 1203.097) and affirm the judgment as modified. Facts and Procedural History On January 5, 2012, appellant visited his estranged wife, Latassha White, at her work place to borrow $20. White was seven months pregnant with appellant's third child and angry that he was seeing another woman, Ashley Arredondo. A few months earlier, White saw a computer video of appellant and Arredondo having sex.

1 All statutory references are to the Penal Code unless otherwise stated.

White gave appellant the money, saw Arredondo seated in appellant's gold Monte Carlo, and asked for the money back. Arredono was incensed, banged her fists on White's car hood, and yelled "Bitch I'm going to fucking kill you." White broke down crying, feared for her safety, and tried to escape on the Antelope Freeway (14 Freeway). Off-duty Deputy Sheriff Michael Rose, saw the gold Monte Carlo speed by at a high rate of speed (70 to 80 miles per hour) and sideswipe the Ford Taurus driven by White. The Monte Carlo sideswiped the Tauras a second time on the off ramp. Due to the speed of the vehicles, Rose feared the Tauras would flip over the freeway embankment After White exited the freeway, appellant "spun donuts" around the Taurus. White tried to flag down help and drove southbound on 15th Street with appellant in pursuit, traveling 90 miles per hour. Another motorist called 911 and a sheriff's department motorcycle deputy pulled White over. The gold Monte Carlo fled the scene. White was transported to the hospital and gave a statement to the police. Deputy Rose reported that a black male was driving the Monte Carlo but was not asked to identify the driver. White recanted at trial and said that she "accidentally rear-ended" the Monte Carlo as they were "merging off the freeway." Photographs were received into evidence showing no damage to the rear end of the Monte Carlo and no front end damage to the Taurus. Appellant defended on the theory that White was jealous, chased him and Arredondo, and rear-ended the Monte Carlo multiple times. Ashley Arredondo was shown a picture of the Monte Carlo and said it was "a miracle" that the car sustained no rear end damage. Pitchess Motion Appellant complains that the trial court abused its discretion when it denied his Pitchess discovery motion (Pitchess v. Superior Court (1974) 11 Cal.3d 531) without conducting an in camera hearing. (Evid. Code, § 1043 et seq.) Before trial, appellant sought discovery of Deputy Rose's personnel records. The motion was a boilerplate