People v. Matthews CA3

Filed 8/3/16 P. v. Matthews CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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

THE PEOPLE,

Plaintiff and Respondent, C077963

v. (Super. Ct. No. 13F07791)

MARIO MATTHEWS,

Defendant and Appellant.

Defendant Mario Matthews was convicted of indecent exposure and resisting a peace officer. (Pen. Code, §§ 314, subd. 1, 148, subd. (a)(1).)1 On appeal, defendant contends: (1) the trial court improperly found confidential officer personnel records unresponsive to his Pitchess motion, and he asks us to review the sealed documents (Evid. Code, § 1043 et seq.; Pitchess v. Superior Court (1974) 11 Cal.3d 531); and (2) the trial court improperly calculated his presentence custody credit. We have reviewed

1 Undesignated statutory references are to the Penal Code.

1

the sealed transcript of the hearing held in camera and conclude the trial court did not abuse its discretion in determining the records contained no discoverable material. As to credits, we conclude the trial court erred in calculating defendant’s presentence custody credit. We modify defendant’s presentence credit and affirm the judgment as modified. FACTUAL AND PROCEDURAL BACKGROUND On or about November 27, 2013, defendant exposed himself in a hotel room window to a woman walking by. A hotel representative called police and asked them to remove defendant, since he was not a guest. Police Officers Kelly Bagozzi and Christine O’Shea arrived, and defendant resisted their attempts to remove him. The officers took defendant outside and tried to put him in the police car, but he pulled away, twisting his body and kicking off of the police car and then off the hotel wall. One of the officers took defendant to the ground, and defendant attempted to bite him. While defendant was pinned to the ground, he continued to struggle and rubbed his body against the concrete causing abrasion injuries. Arguing the officers used excessive force and were untruthful, defendant filed a Pitchess motion to discover citizen complaints. The trial court found good cause and held an in camera hearing on March 21, 2014. A court reporter was present during the in camera hearing, and the custodian of records was sworn prior to testifying. There were no complaints against Officer Bagozzi. There was a complaint involving Officer O’Shea that the trial court reviewed and determined was “not within the parameters” of defendant’s Pitchess motion. Defendant was convicted by jury of indecent exposure (count one, § 314, subd. 1) and misdemeanor resisting a peace officer (count two, § 148, subd. (a)(1)). The court also found true the allegation defendant had served three prior prison terms. (§ 667.5, subd. (b).)