People v. Sturgell CA3

Filed 6/3/21 P. v. Sturgell CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Nevada) ----

THE PEOPLE, C089639

Plaintiff and Respondent, (Super. Ct. Nos. F18-000141 & F18-000057) v.

MICHAEL KENT STURGELL,

Defendant and Appellant.

Defendant Michael Kent Sturgell pleaded no contest to first degree residential burglary and, in a subsequent case, a jury found him guilty of first degree murder. On appeal, defendant contends that we must independently review the sealed transcript of the in camera Pitchess1 hearing to determine whether the trial court abused its discretion in refusing to disclose any potentially relevant personnel records of one police detective.

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

1

The Attorney General does not oppose the request for independent review of the hearing transcript. Additionally, the Attorney General requests, and defendant concedes, that we correct a clerical error in the abstract of judgment. We agree that the clerical error must be corrected. Having reviewed the sealed transcript of the Pitchess hearing, we conclude that no information was discoverable under Pitchess. We affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND Due to the limited nature of the claims on appeal, we need not recite the offenses in any detail. In case No. F18-000057, defendant pleaded no contest to one count of first degree residential burglary (Pen. Code, § 459).2 Pursuant to the plea agreement, the trial court sentenced defendant to a term of two years in state prison and ordered that his sentence run consecutive to his sentence in case No. F18-000141. A minute order and the abstract of judgment indicate that defendant was sentenced to prison for eight months. Defendant did not file a separate notice of appeal in this case. In case No. F18-000141, defendant was charged with murder (§ 187, subd. (a)). Following a trial, a jury found him guilty of first degree murder. The trial court sentenced defendant to state prison for an indeterminate term of 25 years to life. That same day, defendant filed a notice of appeal. This court granted defendant’s motion to construe the notice of appeal to include the judgment in case No. F18-000057. DISCUSSION I Pitchess Motion Following his arraignment in case No. F18-000141, defendant filed a Pitchess motion pursuant to Evidence Code section 1043, seeking the disclosure of the personnel records of Detective Brandon Corchero pursuant to section 832.7, subdivision (a) and Evidence Code sections 1043 and 1045. Specifically, defendant sought review of the