Garcia

Rafael Garcia Garcia was convicted of driving under the influence of alcohol and causing an injury. (Veh. Code, 1 § 23153, subds. (a) and (b).) The trial court sentenced Garcia to three years in prison and later stayed execution of the prison commitment pending appeal. Garcia has appealed his convictions and also filed a petition for writ of habeas corpus in this court, alleging, inter alia, his conviction was obtained by means of “false evidence” and the offices of the District Attorney for San Diego County (the District Attorney) and the Attorney General withheld exculpatory evidence. *1174 We issued an order to show cause why the relief requested by Garcia in his petition should not be granted and subsequently appointed a referee to take evidence and make findings of fact on certain factual issues pertaining to the petition.

As we shall explain, we have determined the two prosecution offices committed Brady error (Brady v. Maryland (1963) 373 U.S. 83 [ 10 L.Ed.2d 215 , 83 S.Ct. 1194 ]) by withholding exculpatory evidence, and Garcia has established his claim to relief on that ground. We further determine that the appropriate disposition is vacation of the judgment of…

I concur in the disposition made by the majority, and also in the majority’s recitation of the factual and procedural background of the case, as well as its analysis of the law. I write separately because I believe the majority has focused on the wrong issue in coming to its conclusion and has based its decision on an inappropriate ground.

Appellant and petitioner sought reversal of the trial court’s judgment on either or both of the alternative grounds (1) that false evidence had been introduced in the trial which was substantially material on the issue of guilt (see Pen. Code, § 1473, subd. (b)(1)); and (2) that the prosecution had suppressed or withheld exculpatory evidence (citing Brady v. Maryland (1963) 373 U.S. 83 [ 10 L.Ed.2d 215 , 83 S.Ct. 1194 ]). The majority, at page 1174 of its opinion, concludes that Brady error was made by reason of the withholding of exculpatory evidence and determines “on that ground” to reverse the conviction.

As detailed in the majority opinion, all activity by the district attorney or Attorney General which might be characterized as withholding or suppressing evidence took place after the trial had been completed and the defendant sentenced.…

TODD, Acting P.J.

Rafael Garcia Garcia was convicted of driving under the influence of alcohol and causing an injury. (Veh. Code, [1] § 23153, subds. (a) and (b).) The trial court sentenced Garcia to three years in prison and later stayed execution of the prison commitment pending appeal. Garcia has appealed his convictions and also filed a petition for writ of habeas corpus in this court, alleging, inter alia, his conviction was obtained by means of "false evidence" and the offices of the District Attorney for San Diego County (the District Attorney) and the Attorney General withheld exculpatory evidence. We issued an order to show cause why the relief requested by Garcia in his petition should not be granted and subsequently appointed a referee to take evidence and make findings of fact on certain factual issues pertaining to the petition.

As we shall explain, we have determined the two prosecution offices committed Brady error ( Brady v. Maryland (1963) 373 U.S. 83 [ 10 L.Ed.2d 215 , 83 S.Ct. 1194 ]) by withholding exculpatory evidence, and Garcia has established his claim to relief on that ground. We further determine that the appropriate disposition is vacation of…