People v. SUPERIOR COURT OF SANTA CLARA COUNTY (GREMMINGER)
Opinion
Opinion
Cottle, J.
The People of the State of California (hereafter, petitioner or People), seek a writ of mandate to compel respondent superior court to vacate its order denying petitioner’s motion for discovery of real party in interest Robert Gremminger’s peace officer personnel records, and to make a new and different order. Petitioner contends the trial court erred in denying discovery based on petitioner’s failure to comply with the procedural requirements of Evidence Code section 1043 for discovery of peace officer personnel records. Although Penal Code section 832.7 exempts the district attorney from compliance with Evidence Code section 1043 in certain situations, we agree with the trial court that the exemption does not apply here as the district attorney was not investigating conduct of a police officer or police agency. Therefore, we deny the petition for writ of mandate.
I. Factual and Procedural Background
Real party in interest Robert Gremminger was arraigned on a felony complaint charging him with one count of murder with personal use of a firearm, following a fatal shooting at the Great Mall of America in Milpitas, California on October 24, 1996.