People v. Stevenson CA5

INTRODUCTION

Douglas J. Stevenson appeals a conviction from his plea of nolo contendere to battery on a correctional officer. Stevenson contends the trial court improperly denied his suppression motion. Additionally, he argues the court erred in refusing to view evidence of his own injury during the incident and refusing to permit cross-examination of the correctional officer about prior complaints. Stevenson further contends his plea was not voluntary and seeks appellate review of the correctional officer’s personnel records pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). We find merit in Stevenson’s contentions that the trial court improperly limited Pitchess discovery and presentation of evidence at the suppression hearing. We conditionally reverse the judgment and remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

Preliminary Hearing and Information The preliminary hearing was conducted on April 19, 2013. Correctional Officer Mark Crotty testified he was working at the California Correctional Institution at Tehachapi the morning of December 7, 2012. Crotty was assigned to the secure housing unit (SHU), transporting inmates to the…