Thompson

People v. Thompson

Good Law
141 Cal. App. 4th 1312·2006 Cal. App. LEXIS 1193·2006 Daily Journal DAR 10158·46 Cal. Rptr. 3d 884·2006 Cal. Daily Op. Serv. 7117
Court of Appeal of CaliforniaAugust 2, 2006B184566California1,968 words

Opinion

Opinion

Perren, J.

Juan L. Thompson appeals his conviction for the sale of cocaine base. (Health & Saf. Code, § 11352, subd. (a).) He contends that the trial court erred by denying his Pitchess motion for discovery without conducting an in camera review of the requested police personnel records. In Warrick v. Superior Court (2005) 35 Cal.4th 1011, 1026 [ 29 Cal.Rptr.3d 2 , 112 P.3d 2 ], our Supreme Court concluded that any “plausible” showing that “might or could have occurred” is sufficient to require in camera review. Thompson, however, is unable to satisfy this unquestionably low threshold. Although his factual showing is possible, it is not plausible by any rational standard. We affirm.

FACTS

Officer Michael Saragueta was working undercover as part of the narcotics “buy team” of the Los Angeles Police Department. He approached Thompson who was standing near the street. Thompson asked, “How much,” and Saragueta answered, “A dime.” A “dime” means $10 worth of drugs. Thompson handed Saragueta two off-white solids later identified as cocaine base, and Saragueta handed Thompson two $5 bills the police had photocopied for later identification.

Officer Saragueta was working with several…

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