Davis

Davis v. Superior Court of Los Angeles County

Good Law
113 Cal. Rptr. 3d 365·186 Cal. App. 4th 1272·2010 Cal. App. LEXIS 1207
Court of Appeal of CaliforniaJuly 22, 2010B216345California1,950 words

Opinion

Opinion

Aldrich, J.

INTRODUCTION

Petitioner Adolfo Davis was charged with the attempted murder of David Ochoa, who, along with other witnesses, identified Davis as the man who shot him. A confidential informant also told police officers that he saw Davis shoot Ochoa. When Davis filed a motion to obtain the name of that informant and percipient witness, the trial court denied it. Davis petitioned this court for a writ of mandate and argued that disclosure was mandatory. We disagree that disclosure of the confidential informant’s identity was mandatory simply because the informant was also a percipient witness, but we agree that an in camera hearing should be held. We therefore grant the petition for a writ of mandate and order the trial court to hold an in camera hearing.

FACTUAL AND PROCEDURAL BACKGROUND

I. Factual background.

On June 18, 2008, David Ochoa was walking with Farid Moran (Farid) and Shearid Moran (Shearid), Anthony Mendoza, and Cynthia Bravo. They saw a group of about eight Hispanic men. Ochoa recognized “ ‘Alan.’ ” Another man asked Ochoa if he gang banged. The man had a mustache and goatee and a tattoo like a bar going down the right side of his neck. The tattoo was black…

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