Little
People v. Little
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…