People v. Rackley CA1/5

I. FACTS AND PROCEDURAL HISTORY

In March 2012, Rackley was charged with seven counts of second degree robbery (Pen. Code, § 211) and possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)).1 As to the robbery counts, it was alleged that Rackley personally used a firearm (§§ 12022.5, subd. (a)(1), 12022.53, subd. (b)). Rackley’s codefendant,

1 All statutory references hereafter are to the Penal Code.

1 Alfred Foy, Jr. (Foy), was also charged with seven counts of second degree robbery and possession of a firearm by a felon, along with similar enhancement allegations.

A. Rackley’s Pitchess Motion and Motion to Quash Search Warrant As discussed in greater detail post, Rackley filed two pretrial motions that are at the heart of this appeal. In May 2012, Rackley filed a Pitchess motion to obtain discovery from the personnel files of two police officers, including the officer who arrested him and signed an affidavit seeking a warrant to search his cell phone and obtain related records. After an in camera review of material produced by the police department’s custodian of records, the court granted Rackley’s motion in part. In June 2012, Rackley filed a motion to…