People v. Casteneda CA3

BACKGROUND

Prior to entering into his plea agreement, defendant brought two discovery motions pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 seeking the personnel records of Stockton Police Officer Houston Sensabaugh and another law enforcement officer. The trial court found good cause to review Officer Sensabaugh’s personnel files for evidence of dishonesty. The court then conducted an in camera hearing with counsel for the City of Stockton. The following is the relevant portion of the hearing on defendant’s motion to discover the personnel files of Officer Sensabaugh: “THE COURT: We are in chambers on a Pitchess motion. Marcie Arredondo is here from the City Attorney’s office. It’s regarding Officer Sensabaugh, and it regards the issue of honesty and truthfulness, and did you find anything in the personnel files that would reflect on those issues? “MS. ARREDONDO: No, Your Honor. “THE COURT: We’ll note that for the record.”

DISCUSSION

Defendant asks us to review the trial court’s ruling that there were no discoverable materials in the officer’s personnel records. Defendant appeals without a certificate of probable cause. However, he points out that his appeal is…