Hill

A jury convicted defendant Cedric Earl Hill on two counts of attempted voluntary manslaughter in violation of Penal Code sections 664 and 192, subdivision (a), one count of possession of a firearm by a felon in violation of section 12021, subdivision (a)(1), and two counts of assault with a semiautomatic firearm in violation of section 245, subdivision (b). The trial court found that defendant had suffered a prior felony conviction within the meaning of sections 667, subdivisions (b)-(i), 1170.12, subdivisions (d)-(i) (the “Three Strikes” law), and 667, subdivision (a).

Defendant was sentenced on July 1, 2004, to 28 years four months in state prison calculated as follows: for one of the assaults, the upper term of nine years, doubled pursuant to the Three Strikes law, plus five years (§ 667, subd. (a)); for the second assault, a consecutive term of four years; and for the felon in possession count, a consecutive term of one year four months. Sentences on the attempted voluntary manslaughter counts were stayed pursuant to section 654.

In this timely appeal, defendant argues (1) the trial court erred in denying his Pitchess motion without conducting an in camera review of…