Lewis

Defendant Brett Stuart Lewis challenges two trial court orders in this appeal from his convictions for vehicle theft and reckless vehicular evasion of a peace officer. The first order denied a Brady motion in which he sought to compel the discovery of information about the arresting officer, Matthew Switzer, after the prosecution informed the defense on the first day of trial that Switzer would not be called as a witness. The second order denied a motion for a new trial filed by Lewis after he learned that Switzer had been charged with, and pleaded no contest to, charges of burglary, elder abuse, and obtaining a controlled substance. In entering these orders, the trial court found that the evidence about Switzer was immaterial and that the jury was not reasonably likely to have acquitted Lewis if it had been aware of this evidence. Although we have serious concerns whether the prosecution satisfied its discovery obligations, we agree with the trial court that there was no Brady violation, and we therefore affirm.

I.

BACKGROUND

The Contra Costa District Attorney charged Lewis with (1) the unlawful taking or driving of a vehicle (vehicle theft); (2) evading a peace…