In re K.K. CA4/2

INTRODUCTION

In April 2013, appellant K.K. and his coparticipant, D.S., broke into an apartment

to steal 43 DVDs. They were subsequently convicted of burglary and receiving stolen

property. (Pen. Code, §§ 459, 496.)

After the jurisdictional hearing, the defense made a motion to dismiss or for a new

trial (§ 1538.5), based on Brady2 error, because the prosecution had not disclosed

pertinent information about one of the responding police officers, Michael Cardenas. The

information about Officer Cardenas relates to his termination in 2004 as an LAPD police

officer. The information was not kept confidential at the trial level where it is generally

described in K.K.’s new trial motion. Therefore, although the parties filed sealed and

redacted appellate briefs, the information is not entitled to protection on appeal.

Nevertheless, we will not republish the specific information in our opinion because it is

not necessary to our disposition.

All further statutory references are to the Penal Code unless stated otherwise. 2 Brady v. Maryland (1963) 373 U.S. 83, 87; People v. Salazar (2005) 35 Cal.4th 1031, 1042-1043.

2 On appeal, K.K. contends the juvenile court erred when…