Little

People v. Little

Good Law
1997 Cal. App. LEXIS 951·59 Cal. App. 4th 426·68 Cal. Rptr. 2d 907·97 Daily Journal DAR 14251·97 Cal. Daily Op. Serv. 8818
Court of Appeal of CaliforniaNovember 20, 1997C023863California3,530 words

Opinion

Opinion

Morrison, J.

A jury convicted defendant of evading an officer (Veh. Code, § 2800.2) and resisting, obstructing, or delaying a peace officer (Pen. Code, § 148, subd. (a)). The trial court granted defendant’s motion for a new trial because the People failed to disclose to defendant that one of the People’s witnesses had a prior felony conviction. The People appeal, contending the trial court erred in granting a new trial because a prosecutor is not required, absent a request, to obtain criminal history information (“rap sheets”) on all critical witnesses. We disagree and hold that an informal request for standard reciprocal discovery is sufficient to create a prosecution duty to disclose the felony convictions of all material prosecution witnesses if the record of conviction is “reasonably accessible” to the prosecutor. (See Pen. Code, § 1054.1 and In re Littlefield (1993) 5 Cal.4th 122, 136 [ 19 Cal.Rptr.2d 248 , 851 P.2d 42 ].) We shall affirm the trial judge’s grant of a new trial.

Facts at Trial

On the morning of August 15, 1995, Highway Patrol Officer Gary Corn-well received information regarding a stolen vehicle. Shortly after receiving the report, Cornwell spotted the vehicle…

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