Wycoff

Davy Wycoff appeals the judgment entered after a jury convicted him of selling, transporting, or offering to sell cocaine base (Health & Saf. Code, § 11352, subd. (a)) and possession of a controlled substance (cocaine) (§ 11350, subd. (a)). The trial court also found true the allegations that Wycoff had suffered a prior strike conviction (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and had suffered a prior narcotics conviction and served a prior prison term (§§ 11351, 11370.2, subd. (a); Pen. Code, § 667.5, subd. (b)). He was sentenced to eight years in state prison. In addition to contentions challenging the sufficiency and exclusion of evidence, he asks us to independently review the record of the in camera hearing on his Pitchess motion. (Pitchess v. Superior Court (1974) 11 Cal.3d 531 [ 113 Cal.Rptr. 897 , 522 P.2d 305 ].) While we reject Wycoff’s claims of error, we conditionally reverse the judgment and remand for a new Pitchess hearing in which the proper procedure is followed, in accordance with People v. Guevara (2007) 148 Cal.App.4th 62, 69 [ 55 Cal.Rptr.3d 581 ] (Guevara). We publish this case to clarify that defendant has the right to appeal…