People v. Cortez CA4/3

Filed 5/4/15 P. v. Cortez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G050144

v. (Super. Ct. No. R-02245)

CARLOS CORTEZ, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, David A. Hoffer, Judge. Affirmed. James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General, Barry Carlton and Minh U. Le, Deputy Attorneys General, for Plaintiff and Respondent.

Carlos Cortez appeals from an order revoking his Postrelease Community Supervision (PRCS) (Pen. Code, § 3450 et. seq.)1 after he violated the terms of supervision by being arrested for repeatedly stealing liquor from grocery stores. Cortez contends the prosecutor violated the reciprocal discovery statutes and his constitutional rights by failing to provide defense counsel with copies of the surveillance videotape by which the stores’ loss prevention personnel and police officers identified him as the offender. We find no error and affirm the order. FACTS & PROCEDURE In 2012, Cortez pleaded guilty to possession of a firearm by a felon (§ 29800, subd. (a)(l)), and was sentenced to prison for three years. In February 2014, he was released from prison to PRCS, on terms including that he not engage in any conduct prohibited by law. A petition to revoke Cortez’s PRCS was filed on March 25, 2014. The petition, and the probation report, both stated Cortez was arrested and charged with multiple counts of stealing liquor, worth a total of $2,336, from four different Albertson’s stores in Irvine over the course of five days. The petition and probation report both stated, “Each [Albertson’s] location had video surveillance of the offender taking the items, by which [Cortez] was identified.” Additionally, the petition and probation report both stated “the [l]oss [p]revention[] personnel at the Albertson’s locations worked together, in conjunction with [the Irvine Police Department], to use surveillance footage to positively identify [Cortez] as the main suspect.” The petition and the probation report stated a police officer interviewed Cortez at his residence and during the interview, Cortez admitted he “had a problem with stealing.” He also said the gray hoodie sweatshirt worn during commission of the crimes might be at a friend’s house. Cortez was arraigned on the PRCS revocation petition on March 26, 2014, and the hearing on the revocation proceeding took place on April 29, 2014. The surveillance