People v. Golson CA1/4

I. BACKGROUND1

Defendant was charged with felony stalking of Jane Doe (Pen. Code,2 § 646.9, subd. (a), count one), misdemeanor battery upon Jane Doe, with whom he had had a dating relationship (§ 243, subd. (e)(1), count two), misdemeanor aggravated trespass (§ 602.5, subd. (b), count three), and misdemeanor battery (§ 242, count four). A jury found him not guilty on the felony stalking count and guilty on the three misdemeanor 1 The limited nature of the issue on appeal does not require us to recite the underlying facts. 2 All undesignated statutory references are to the Penal Code.

1 counts. The trial court sentenced him to concurrent sentences of one year for counts two and three, with a concurrent six-month sentence for count four. With credit for time served, defendant was released from custody. Before trial, defendant brought a Pitchess motion asking the trial court to examine the personnel records of the police officer who arrested and questioned him. He also sought any further exculpatory evidence pursuant to Brady v. Maryland (1963) 373 U.S. 83 (Brady).3 He contended the officer’s report deliberately distorted what defendant told the officer. Defendant sought…