People v. Willis CA3

Filed 6/10/15 P. v. Willis CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COPY IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C076549

Plaintiff and Respondent, (Super. Ct. No. 13F03841, 13F07926) v.

CORNELL WYLE WILLIS,

Defendant and Appellant.

Defendant Cornell Wyle Willis pleaded no contest to unlawful possession for sale of a controlled substance, methamphetamine, admitted a prior strike, and was sentenced to four years in state prison. Prior to entry of his plea, defendant filed a Pitchess1 motion seeking discovery of law enforcement personnel records. After an in camera examination of the Pitchess materials, the trial court denied the motion.

1 Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess).

1

On appeal, defendant requests this court to review the sealed transcript of the Pitchess hearing to determine if the trial court properly denied his Pitchess motion. Having done so, we will affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND The parties stipulated to the following factual basis for defendant’s no contest plea: “Sacramento police officers went to the defendant’s home, which he shared with his brother. The [d]efendant consented to a search of his bedroom. [¶] In the defendant’s bedroom, the officers located two plastic baggies containing 11.82 grams of methamphetamine. There was also a box of baggies that were similar to the baggies the methamphetamine was contained in. There was a digital scale, calculators, and a working stun gun. [¶] The defendant admitted that he does sell meth and that he had been doing it for approximately six months.” Defendant was charged by felony complaint, deemed the information, with unlawful possession for sale of a controlled substance, methamphetamine. (Health & Saf. Code, § 11378.) The information alleged defendant suffered a prior serious felony conviction (Pen. Code, § 1192.7, subd. (c)) 2, a strike within the meaning of sections 667, subdivisions (b) through (i), and 1170.12. Defendant filed a Pitchess motion seeking discovery of law enforcement personnel records. The court determined defendant had established good cause for an in camera review. After conducting an in camera examination of the Pitchess materials, the trial court denied defendant’s motion. Next, defendant filed a motion to suppress evidence. (§ 1538.5.) While the motion to suppress was pending, the district attorney filed an amended information