Matos

Defendant was charged with: (count I) assault with a deadly weapon on a police officer, in violation of subdivision (b) of section 245 of the Penal Code; (count II) battery on a police officer, in violation of sections 242 and 243 of the Penal Code; and (count III) battery on a police officer in violation of sections 242 and 243 of the Penal Code. After a trial by the court, trial by jury being duly waived, he was found not guilty on counts I and II, but guilty on count III. He was granted probation; he has appealed; we reverse.

Counts I and II involved an altercation between defendant and Officer Smalling; count III involved an altercation between defendant and Officer Smalling’s partner, Officer Yarbrough. Because of the nature of the issues raised on this appeal, it is unnecessary to set forth the facts in detail. The case for the People was that defendant, angered at investigative tactics of the officers, had attacked them; the defense was that the assault was by the officers, using excessive force, and that he had merely resisted that excessive force.

To support that defense, defendant moved for discovery, under the authority of Pitchess v. Superior Court (1974) 11…