People v. Lartigue CA2/2

FACTS

Lartigue’s Plea; the Pitchess Rulings; Dismissal of the Gang Allegation At arraignment, Lartigue pleaded not guilty to both counts. About a month later, he filed a motion seeking Pitchess discovery regarding four categories of information related to Los Angeles Police Department Officers Jonathan Chandler and Carlos Gonzalez, including citizen complaints against those officers and transcripts of testimony of persons who testified at any Civil Service Commission wherein the officers were accused of specified types of misconduct. At the same time, Lartigue filed a motion to dismiss the gang allegation.

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 He received the mid-term of two years on count 1, plus two years for the prison priors. As to count 2, he received the mid-term of two years, which was stayed pursuant to section 654. 3 Pitchess v. Superior Court (1974) 11 Cal.3d 531.

2 The trial court granted the Pitchess motion as to false statements and false police reports, and held an in camera hearing. It determined that discoverable materials existed, and ordered them turned over to the defense. At a subsequent hearing, the trial…