People v. Figueroa CA5

INTRODUCTION

On September 17, 2012, an information was filed alleging that appellant, Gregorio Figueroa, possessed drugs in jail (Pen. Code, § 4573.8, count 1)1 and possessed drug paraphernalia in jail (§ 4573.8, count 2). The information also alleged two prior prison term enhancements (§ 667.5, subd. (b)). On October 25, 2012, the court conducted an in camera hearing to review the personnel files of three sheriff’s deputies pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). The court denied the appellant’s Pitchess motion. At the conclusion of a jury trial on November 20, 2012, appellant was convicted of count 1 and acquitted of count 2.2 In a bifurcated proceeding, the trial court found the prior prison term enhancements to be true. On February 13, 2013, the trial court sentenced appellant to a term of eight months on count 1 plus a consecutive term of two years (one year for each prior prison term enhancement). The court also imposed various fines and fees. On appeal, appellant seeks independent review of the sheriff’s deputies’ personnel files pursuant to Pitchess. Appellant also contends the trial court erred in excluding evidence that was not disclosed…