People v. Cox CA5

INTRODUCTION

While serving a sentence of 15 years to life following a 1988 conviction, defendant Lavert Cox was alleged to have offered a bribe to an executive officer—a correctional officer at Avenal State Prison. Defendant was convicted following a jury trial. He now appeals his conviction. Defendant contends the trial court’s refusal or failure to instruct the jury on the defense of entrapment violated his rights under the Sixth and Fourteenth Amendments to the United States Constitution to adequate instructions on the theory of the defense, as well as his rights to a jury trial and due process of law. He further argues the trial court erred by denying his motion made under Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). We will affirm.

RELEVANT BACKGROUND

Correctional Officer Michael Ferree was approached by defendant in early 2010. Defendant asked Ferree to remove certain documents from his central file in exchange for cash. Ferree declined defendant’s request and, believing defendant was just testing him as inmates are wont to do, he opted not to report the incident to his superiors. In August 2010, defendant approached Ferree again about removing the…