People v. Moore CA5

INTRODUCTION

On December 1, 2011, appellant was arrested after attempting to discard a packet of methamphetamine in the presence of two police officers. Following a jury trial, appellant was convicted of transporting methamphetamine (count 1; Health & Saf. Code, § 11379, subd. (a)), possessing methamphetamine for sale (count 2; Health & Saf. Code, § 11378), and willfully, unlawfully, and actively participating in a criminal street gang (count 3; Pen. Code, § 186.22, subd. (a)). Enhancement allegations attached to counts 1 and 2 as offenses committed for the benefit of, at the direction of, or in association with a criminal street gang and with the specific intent to promote, further or assist in criminal conduct by gang members (Pen. Code, § 186.22, subd. (b)(1)). The information also alleged that appellant had six prior felony convictions, but the trial court struck five of the six prior convictions for sentencing purposes. Appellant was sentenced to a total of 17 years in prison, and the trial court imposed additional fines and fees. On appeal, appellant argues that (1) the trial court abused its discretion by denying appellant’s Pitchess motion to discover certain files within…