The People v. Ledesma CA5

FACTS

On July 4, 2011, around dusk, Ledesma and two other men forced their way into an apartment in Visalia. Before leaving, the three men fought with the two occupants of the apartment, striking them with a bat.

1 Unless otherwise indicated, all further statutory references are to the Penal Code. 2 Pitchess v. Superior Court (1974) 11 Cal.3d 531.

2 Later that evening, Ledesma and the two men approached a man on the street from behind, struck him with a bat, knocking him unconscious, and took several items from him, including a cell phone. At the time of these incidents, Ledesma was on probation for a robbery conviction that arose out of an incident on December 23, 2010 (case No. VCF246387).

DISCUSSION

The Pitchess Motion On January 13, 2012, Ledesma’s codefendant filed a Pitchess motion to discover information relating to complaints against Officer Kenneth Smythe, including the names, addresses, and telephone numbers for all persons who have filed complaints against the officer. On January 19, 2012, Ledesma joined in the motion. On February 24, 2012, the trial court found good cause to review the requested records but following an in camera review found there were…