Lawson

People v. Lawson

Good Law
131 Cal. App. 4th 1242·2005 Cal. App. LEXIS 1251·2005 Daily Journal DAR 9739·32 Cal. Rptr. 3d 634·2005 Cal. Daily Op. Serv. 7164
Court of Appeal of CaliforniaAugust 11, 2005B173698California2,965 words

Opinion

Opinion

Rubin, J.

Anthony E. Lawson appeals from his conviction for possession of cocaine base. He asserts several errors relating to the manner in which his sole witness testified and how he was forced to testify. We reverse.

FACTS AND PROCEDURAL HISTORY

Long Beach Police Officer Joseph Ferguson and his partner were on foot patrol one night dressed in civilian clothes when they saw appellant Anthony E. Lawson and his acquaintance, Theresa Martinez. At trial, officer Ferguson testified he saw appellant trying to flag down passing drivers to sell them drugs. He further testified that as he and his partner approached appellant he offered to sell them “dope,” but when they identified themselves as police, appellant threw down a piece of plastic that contained cocaine base.

The police arrested appellant and completed a field identification card on Martinez. During pretrial discovery, the People gave Martinez’s field identification card to the defense, and a defense investigator interviewed her. The investigator took notes of the interview, which he described not as a “report” but instead as “impressions about my discussion with a witness rather than a report that would go to an attorney.”…

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