Sanderson

People v. Sanderson

Good Law
105 Cal. Rptr. 3d 326·181 Cal. App. 4th 1334·2010 Cal. App. LEXIS 162
Court of Appeal of CaliforniaFebruary 9, 2010E047284California2,925 words

Opinion

Opinion

Miller, J.

—A jury convicted defendant Russel David Sanderson of two counts of criminal threats (counts 1 & 2—Pen. Code, § 422). In a bifurcated proceeding thereafter, the court found true allegations that defendant had suffered a prior serious felony conviction (§ 667, subd. (a)) and a prior strike conviction (§§ 667, subds. (c) & (e)(2)(A), 1170.12, subd. (c)(2)(A)). On appeal defendant makes two contentions: (1) the court erred in finding that he failed to demonstrate good cause for the court to conduct an in camera review of the arresting officers’ personnel files pursuant to defendant’s Pitchess motion, and (2) the court erred in denying his section 1118.1 motion for acquittal on count 1. We affirm the judgment in full.

I.

FACTUAL AND PROCEDURAL BACKGROUND

On January 11, 2008, defendant called Lorraine Silverman on her cell phone. Defendant had previously lived with his girlfriend at Silverman’s home for two months. Defendant informed Silverman that her son, Jordan, owed him $20 and he wished to come over to collect it. Silverman told him to come over.

Silverman’s friend, Michael Simmons, was at the home when defendant arrived. After defendant entered the home, Jordan…

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