People v. Jackson

Anthony Jackson appeals a judgment convicting him of possessing cocaine base (Health & Saf. Code, § 11350, subd. (a)), being a felon in possession of a firearm (Pen. Code, § 12021, subd. (a)), and giving false identification to a peace officer (§ 148.9, subd. (a)). He contends the court erred in precluding an exculpatory written statement by Olivia Johnson against her penal interests, taken by an investigator and first proffered after the People rested. He asserts the preclusion violated sections 1054.3 and 1054.5, as well as his right to offer testimony under the Sixth and Fourteenth Amendments. Jackson claims he did not intend to use the statement or call the witness until moments before he announced it, therefore the People were not entitled to the statement or the name of the witness. He also contends the prosecution waived its right to discovery and, in any event, was not entitled to sanctions because it did not fully comply with discovery procedures. Jackson also asserts the trial court abused its discretion by not exhausting other sanctions before excluding evidence. He finally contends the trial court committed reversible error by failing to state reasons for…