People v. De Los Santos CA2/6

California Court of Appeal Dec 16, 2014 No. B247036MUnpublished

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Holding. The court held that the defendant waived his Brady claim by strategically rejecting the trial court's offer of a mistrial, and that the defendant forfeited his claims of outrageous government conduct by failing to raise them in the trial court.

Issues

Did the prosecution's late disclosure of witness interviews constitute a Brady violation requiring dismissal?
Did the defendant waive his right to challenge the late disclosure by rejecting the trial court's offer of a mistrial?
Were the defendant's claims of outrageous government conduct forfeited by failure to raise them in the trial court?

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The remedy for a Brady violation is a mistrial, which is precisely what the trial court offered De Los Santos and Damas.”

“As a matter of trial tactics, the defendants' counsel rejected the remedy and therefore waived the claimed error.”

“Issues not raised and decided in the trial court are forfeited on appeal.”

Filed 12/16/14 P. v. De Los Santos 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B247036 (Super. Ct. No. GA079201) Plaintiff and Respondent, (Los Angeles County)

v. ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] STEVEN DE LOS SANTOS,

Defendant and Appellant.

THE COURT on its own motion, orders that the opinion filed herein on December 10, 2014, be modified as follows: 1. On page 1, the "Super. Ct. No. GA 0795201" is modified to read Super. Ct. No. GA079201. There is no change in the judgment.

Filed 12/10/14 P. v. De Los Santos CA2/6 (unmodified version)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B247036 (Super. Ct. No. GA 0795201) Plaintiff and Respondent, (Los Angeles County)

People v. De Los Santos CA2/6

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

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