Guevara

Selvin O. Guevara appeals the judgment entered after a jury convicted him of misdemeanor battery (Pen. Code, § 243, subd. (e)(1)), misdemeanor resisting, obstructing, or delaying a peace officer (§ 148, subd. (a)(1)), and felony resisting an executive officer (§69). He assigns multiple claims of errorj and also asks us to review the sealed transcript of the hearing held pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 [ 113 Cal.Rptr. 897 , 522 P.2d 305 ], to determine whether the court correctly determined that'there were no discoverable complaints regarding the police officers involved in the case.

In an unpublished opinion, we originally rejected all of Guevara’s claims and affirmed the judgment in its entirety. We subsequently granted Guevara’s petition for rehearing. We now conclude that the matter must be remanded for a new Pitchess hearing. Accordingly, we conditionally reverse the judgment and remand for that purpose.

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FACTS AND PROCEDURAL HISTORY

The Charged Offenses

On August 26, 2003, Guevara, who is six feet four inches tall and weighs approximately 270 pounds, slapped his girlfriend, Sheila Silva, during an argument at their house. He also…