People v. Cappiello CA2/1

Filed 3/3/14 P. v. Cappiello CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B246214

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA056199) v.

ANTHONY JOSEPH CAPPIELLO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Carol S. Koppel, Judge. (Retired Judge of the San Bernardino Mun. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Anthony Joseph Cappiello, in pro. per.; and Jamie Lee Moore, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ——————————

SUMMARY An Information charged appellant Anthony Cappiello with possession of a controlled substance (methamphetamine), in violation of Health and Safety Code section 11377, subdivision (a). The Information also alleged that Cappiello had previously suffered a strike, pursuant to Penal Code sections 667, subdivisions (b)–(i), and 1170.12, subdivisions (a)– (d),1 for a 2005 felony robbery conviction (§ 211), and that he had previously served three prison terms (§ 667.5, subd. (b)). Cappiello filed a motion pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531, seeking personnel records for the arresting deputies. The trial court found good cause for in camera inspection for materials concerning “fabrication of charges, fabrication of evidence, fabrication of reasonable suspicion and/or probable cause, false arrest, perjury and dishonesty” and, after an in camera inspection, determined there were discoverable materials. A jury trial was held. Cappiello waived jury and court trial for the priors, after being advised of his constitutional rights. FACTUAL BACKGROUND Prosecution case On May 12, 2012 at about 2:45 a.m., uniformed Los Angeles Sheriff Department (LASD) Deputies Jason Goedecke and Russell DeLoof responded to a call about a fight in Lancaster. The officers drove their patrol car toward Cappiello and Julie Davis, who were walking on a sidewalk in a parking lot of an apartment complex in the vicinity of the alleged fight to ask if they were aware of a fight in the area, and parked near them. When the patrol car was about 30 feet from Cappiello, Deputy Goedecke called out to him as he got out of the passenger side, and asked Cappiello if he had seen a fight. Cappiello quickly moved behind Davis facing her back, and put his hands in his pockets. Deputy Goedecke ordered Cappiello to take his hands from his pockets two or three times.