People v. Aceves CA3

BACKGROUND

Correctional Sergeant Eduardo Aguilar searched defendant, then a prisoner, and found a bindle weighing 13.20 grams containing a hard, dark brown substance that smelled of vinegar. Aguilar believed it to be heroin and later analyses confirmed it was heroin. Defendant was charged with possessing heroin in prison (Pen. Code, § 4573.6) with the allegation he had a prior strike (id., §§ 667, subds. (b)-(i) & 1170.12). Before trial, defendant filed a Pitchess motion seeking Aguilar’s personnel records. Defendant contended there was a history of complaints against Aguilar for falsifying evidence. The trial court found good cause to examine the records for any evidence of dishonesty or fabrication. After an in camera review of the records, the trial court ordered the transcripts of the review sealed and found there was no discoverable information. On August 14, 2019, a jury found defendant guilty on the one count and the trial court found true the prior strike allegation. Defendant was sentenced to two years in prison, doubled for the prior strike to four years.

DISCUSSION

Defendant asks us to review the sealed in camera hearing transcript to determine whether the trial…