People v. Brown CA2/3

Filed 8/11/14 P. v. Brown CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B248333

Plaintiff, (Los Angeles County Super. Ct. No. PA059232) v.

MICHAEL DAVID BROWN,

Defendant;

JEFF PRICE,

Objector and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Harvey Giss, Judge. Reversed.

Jeff Dominic Price, in pro. per., for Objector and Appellant.

Frederick R. Bennett for Respondent The Superior Court of Los Angeles County.

INTRODUCTION Objector and appellant Jeff Price, an attorney, asked another attorney to record testimony in a criminal trial. The attorney recorded testimony but failed to ask the trial court’s permission before doing so. The court therefore sanctioned the attorney and Price. Price appeals from the sanctions order. Because we find that the court abused its discretion by sanctioning Price, we reverse the order. BACKGROUND In November 2012, Michael David Brown was on trial for murder. Edward Arch had been Brown’s codefendant, but Arch was acquitted after his Penal Code section 1118.1 motion was granted on the ground there was insufficient evidence to prove his guilt beyond a reasonable doubt. Arch then filed a civil lawsuit against the City of Los Angeles. Attorneys Daniel Sharpe and Price represented Arch in his civil lawsuit. On November 30, 2012, Alexandra Cano was testifying at Brown’s murder trial in Judge Giss’s courtroom. Outside, on the courtroom door, hung a sign directing entrants to turn off cell phones. But, while Cano was testifying, she heard someone recording the proceedings. Sharpe, who was in the audience, admitted recording testimony. The trial court asked Sharpe whether he was aware he was not supposed to record in the courtroom or take photographs. Sharpe replied, “I apologize, Your Honor. I was given other information prior to today.” Sharpe said he worked for Price, who told him to record the proceedings. Sharpe agreed to pay $250 in monetary sanctions under Code of Civil Procedure section 177.5. Price, however, argued that although he asked Sharpe to record the proceedings, he did not tell him to ignore the rules and signs. The trial court therefore set an order to show cause hearing under Code of Civil Procedure section 177.5.1 Price reiterated that all he did was “ask” Sharpe to record the proceedings; he did not direct him to violate any rule. The court thought that Price, “as an attorney with more experience than [Sharpe] had, you’re put on notice of what the law