Beyah

People v. Beyah

Good Law
170 Cal. App. 4th 1241·2009 Cal. App. LEXIS 141·88 Cal. Rptr. 3d 829
Court of Appeal of CaliforniaFebruary 3, 2009B201886California3,750 words

Opinion

Opinion

Willhite, J.

Defendant Warees Hasan Beyah was convicted of possession of cocaine (Health & Saf. Code, § 11350, subd. (a)) and transportation of a controlled substance (Health & Saf. Code, § 11352, subd. (a)), and was sentenced to eight years in state prison. He appeals from the judgment, contending he received ineffective assistance of counsel and that the trial court erred by instructing the jury with a consciousness of guilt instruction. He also asks us to independently review the sealed transcript of the in camera hearing on his Pitchess motion to determine whether the trial court disclosed all relevant complaints made against the deputies involved in his arrest. We affirm the judgment. We address only the consciousness of guilt instruction in the published portion of our opinion.

FACTUAL BACKGROUND

Two versions of the facts were presented at trial: one told by the deputies who arrested defendant, and the other told by defendant. We begin with the version told by the deputies, which was, for the most part, accepted by the jury.

At approximately 9:40 a.m. on December 8, 2006, Los Angeles County Sheriff’s Department Deputies Nader Chahine and Alex Topete were on patrol in Compton.…

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