Gill

People v. Gill

Good Law
1997 Cal. App. LEXIS 1123·60 Cal. App. 2d 743·60 Cal. App. 4th 743·70 Cal. Rptr. 2d 369·98 Daily Journal DAR 179
Court of Appeal of CaliforniaDecember 9, 1997B106765California2,848 words

Opinion

Opinion

Fukuto, J.

Appellant Fletcher Charles Gill appeals from the judgment entered following his conviction by jury of the crime of possession of a controlled substance (cocaine) (Health & Saf. Code, § 11350, subd. (a)). He contends that the trial court improperly coerced the jury into reaching a guilty verdict, and that the trial court erroneously denied him pretrial discovery pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 [ 113 Cal.Rptr. 897 , 522 P.2d 305 ].

Facts

Viewed in accordance with the normal rules on appeal (People v. Ochoa (1993) 6 Cal.4th 1199 [ 26 Cal.Rptr.2d 23 , 864 P.2d 103 ]), the evidence showed the following. On the morning of April 20, 1994, Officer Sean Hunt of the Long Beach Police Department and his partner Officer Salvador Solarzano were in the vicinity of 335 14th Street in the City of Long Beach investigating drug activity. Officer Hunt observed appellant run down a driveway of the location and into a nearby alley. Officer Hunt approached appellant and asked him “if he had any dope on him.” Appellant answered, “ No,” and stuck out his tongue for Officer Hunt to see. Officer Hunt found nothing in appellant’s mouth and asked if he could check…

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