People v. Beavers CA4/3

Filed 11/30/20 P. v. Beavers 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G056848

v. (Super. Ct. No. 14WF2967)

GARY LEE BEAVERS, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Gregg L. Prickett, Judge. Affirmed. Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, Arlene Sevidal and Michael Pulos, Deputy Attorneys General, for Plaintiff and Respondent.

Gary Lee Beavers appeals from a judgment after a jury convicted him of numerous sexual offenses. Beavers argues the trial court’s sentence violated his due process rights, and we should independently review the court’s ruling on his motion to disclose peace officer personnel records. There was no error, and we affirm the judgment. FACTS After the prosecution filed a complaint charging Beavers with sexual offenses against two victims under 14 years of age, he appeared in court and asked to represent himself. The prosecutor noted she would include a multiple victim allegation as to count 3, and thus, Beavers would face a maximum penalty of 75 years to life. The following week, the trial court granted Beavers’ request to represent himself. The prosecutor and the trial court reiterated Beavers faced a 75 years to life plus eight months sentence. An amended information charged 66-year-old Beavers with the following: oral copulation with a child 10 years old or younger (Pen. Code, § 288.7, subd. (b), all further statutory references are to the Penal Code) (count 1); digital penetration with a child 10 years old or younger (§ 288.7, subd. (b)) (count 2); three counts of lewd act upon a child under 14 years old (§ 288, subd. (a)) (counts 3-5); using a minor for sex acts (§ 311.4, subd. (c)) (count 6); and possession and control of child pornography (§ 311.11, subd. (a)) (count 7). Counts 1 to 4 concerned Jane Doe, and count 5 concerned John Doe. With respect to counts 3, 4, and 5, the amended information “alleged pursuant to . . . sections 667.61[, subdivisions] (b)/(e) that in the commission of the above offense[s] . . . Beavers committed an offense specified in . . . section 667.61[, subdivision] (c) against more than one victim.” Before trial, Beavers filed a motion for discovery of peace officer personnel records pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). The trial