Mooc

Certified for Partial Publication. [*]

Bau A. Mooc was convicted of battery on a police officer. He contends the trial court erred when it denied his Pitchess [1] motion, and when it permitted testimony implying that his defense was fabricated by a third party. He also contends his counsel was ineffective, and the abstract of judgment must be modified to correctly reflect the court's order. As we agree the abstract of judgment must be modified and also that prejudicial error occurred, the judgment must be reversed.

Mooc was in jail under an immigration hold. While he was assigned to the "administrative segregation module" — a special area reserved for difficult inmates — he was discovered in the control room by a guard, and a fight broke out between the two. Another officer responded to the call for help and found Mooc and the guard struggling on the floor. As a result of this incident, Mooc was charged with battery on the officer, Frank Garcia. [2]

In preparing his defense for trial, Mooc filed a motion under Pitchess v. Superior Court, supra, 11 Cal.3d 531 , 113 Cal.Rptr. 897 , 522 P.2d 305 , seeking to review the officer's personnel file. His request was…