People v. Rey CA4/3

INTRODUCTION

Defendant Michael Anthony Rey was convicted of armed assault on a peace officer. The jury found true as sentencing enhancements that defendant personally and intentionally discharged a firearm, and personally used a firearm. On appeal, defendant challenges the true finding on the personal and intentional discharge of a firearm enhancement. We conclude there was substantial evidence to support that finding, and we therefore affirm. Defendant argues, and the Attorney General agrees, that the abstract of judgment must be amended to reflect defendant’s presentence custody credits. We direct the trial court to make the necessary amendment. Finally, defendant challenges the trial court’s partial denial of his motion for personnel records under Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). Having independently reviewed the sealed transcript of the Pitchess hearing, we conclude the trial court did not err in denying the motion in part.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

In the late evening of June 18, 2009, police officer Edward Andrade saw defendant and Ray Robledo, standing on a street corner in an area claimed by the West Side Verdugo 7th Street…