People v. Deloney CA5

INTRODUCTION

Defendant George Anthony Luther Deloney was convicted of false imprisonment and resisting an officer following an altercation with his girlfriend. After denying his motion made pursuant to People v. Superior Court (Romero) 13 Cal.4th 497 (Romero), the court sentenced defendant to a total of six years four months. On appeal, defendant asks this court to conduct an independent review of the materials provided for in camera inspection following his Pitchess motion (see Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess)). Additionally, he argues the trial court erred by failing to sua sponte instruct on Penal Code1 section 148, subdivision (a), a lesser included offense of section 69, and by denying his motion to strike the prior conviction. We will affirm.

BRIEF FACTUAL BACKGROUND

The People’s Case Two 911 callers reported a domestic dispute between a man and woman walking in the area of Cedar and Dakota Avenues on the evening of December 16, 2012. Both callers indicated the man was hitting the woman, pulling her arm, and forcing her along. Police were dispatched to the scene. Officers Jason Hurley and Patrice Sellars-Anderson arrived separately soon…