People v. Moreno CA4/2

I. INTRODUCTION AND PROCEDURAL HISTORY

Defendant Daniel Jesus Moreno got into an argument with Tami Potter, a former

probation officer with the County of San Bernardino (the County). When Potter pushed

defendant in the chest, defendant stabbed Potter with a knife, killing her.1 Defendant was

charged with first degree murder.

To support possible defenses and lesser offenses, defendant filed a Pitchess2

motion to obtain documents and information regarding Potter from the County. The trial

court denied the request without conducting an in camera review of the requested

materials. A jury convicted defendant as charged.

We conditionally reversed that conviction in People v. Moreno, supra, 192

Cal.App.4th 692, and directed the trial court to conduct an in camera review of the

requested documents, order the disclosure of relevant information, allow defendant an

opportunity to demonstrate prejudice, and order a new trial if there was a reasonable

probability the outcome would have been different had the information been disclosed.

(Id. at pp. 703, 711-712.)

1 A summary of the evidence produced at trial is set forth in People v. Moreno (2011) 192 Cal.App.4th 692 [Fourth…