Sons

This opinion hopefully brings an end to the continuing legal saga of the People of the State of California versus Bruce Lynn Sons. Appellant was originally charged with special circumstances first degree murder in Kern County for having killed California Highway Patrolman Richard Maxwell. A jury convicted him of special circumstances first degree murder but spared his life. He was sentenced to life imprisonment without the possibility of parole. The judgment was affirmed by the Court of Appeal, Fifth Appellate District. (People v. Sons (Mar. 3, 1999, F023776) [nonpub. opn.].)

By stipulation, this conviction was vacated in United States District Court because the former prosecutor intentionally withheld discovery concerning Officer Maxwell’s previous disciplinary record. (See Brady v. Maryland (1963) 373 U.S. 83, 86 [ 10 L.Ed.2d 215, 218 , 83 S.Ct. 1194 ]; see also Izazaga v. Superior Court (1991) 54 Cal.3d 356, 378 [ 285 Cal.Rptr. 231 , 815 P.2d 304 ].) The Attorney General conceded that appellant’s constitutional right to a fair trial had not been afforded to him by reason of the prosecutor’s withholding of discovery. The matter was returned to the state trial…