The People v. Austin CA1/3

Filed 8/27/13 P. v. Austin CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A135317

v. MONTRELL EUGENE AUSTIN, (Solano County Super. Ct. No. VCR213774) Defendant and Appellant.

Defendant Montrell Eugene Austin appeals his conviction, following a jury trial, of carrying a loaded, unregistered firearm. Defendant contends there was insufficient evidence to support the conviction, that the court abused its discretion in summarily denying his Pitchess1 motion to review the personnel file of one of the two arresting officers, and asks that we conduct an independent review of the other officer’s personnel records to determine if the court’s order denying disclosure was proper. Defendant also contends the trial…