People v. Heath CA1/2

INTRODUCTION

At the prosecutor’s request, the trial court held an in camera hearing outside the presence of the defendant and his attorney to determine whether the prosecution was required to disclose certain material to the defendant under Brady v. Maryland (1963) 373 U.S. 83, 87 (Brady). The trial judge determined that there was nothing to disclose. Defendant Darvin David Heath asks us to independently review the in camera proceedings to determine whether the trial court erred. The Attorney General does not oppose our independent review of the in camera proceeding. We have done so, and will affirm the conviction.

FACTUAL AND PROCEDURAL BACKGROUND

We recite the facts and procedural history only briefly as they pertain to the narrow issue on appeal. Defendant was charged with three felonies involving domestic violence against his wife, Robin Williams-Heath, all arising out of the same incident occurring on February 1 13, 2015, in a park off the Pittsburg/Antioch Highway in Pittsburg. He was charged with infliction of corporal injury on a spouse (Pen. Code, § 273.5, subd. (a))1; assault with a deadly weapon (§ 245, subd. (a)(1))); and aggravated false imprisonment involving…