People v. Sorto CA2/6

Good Law
Court of Appeal of CaliforniaJuly 15, 2014B245512California2,054 words

Opinion

Opinion

DISCUSSION

I. Prior to trial, Sorto filed a motion pursuant to Pitchess v. Superior Court, supra, 11 Cal.3d 531, seeking discovery of complaints in police personnel records against Deputies Foster and Jepsen, concerning fabrication of charges or evidence, dishonesty, racial bias, excessive force, or misconduct amounting to moral turpitude. The trial court held an in camera hearing, discussed the nature of the documents produced, and ordered disclosure of information regarding some, but not all, of the complaints. Sorto requests that we review the sealed record of the in camera hearing to determine if the court abused its discretion in ruling on the discovery motion. (People v. Prince (2007) 40 Cal.4th 1179, 1285 [appellate court independently reviews sealed record to determine if trial court abused its discretion regarding disclosure].) The transcript of the in camera hearing here is sufficient to permit our independent review. (People v. Montes (2014) 58 Cal.4th 809, 833 [sufficient basis for review where trial court describes content of personnel file for record]; People v. Prince, supra, 40 Cal.4th 1179, 1285 [same].) We have reviewed the transcript and conclude the trial…

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