P.
P. v. Sotelo CA5
Opinion
Opinion
DISCUSSION
Pitchess Motion The People effectively concede that review of the court‟s Pitchess motion ruling sought by appellant is proper. (People v. Mooc (2001) 26 Cal.4th 1216, 1229.) We have conducted an independent review of the transcript of the in camera hearing and the records produced at that hearing. The records produced, according to the attorney appearing at the hearing with the custodian of records for the Visalia Police Department, constituted “all of the records that the Visalia Police Department has concerning [the officers named in appellant‟s motion].” Based on our review, we have concluded there was no abuse of discretion in the court‟s ordered disclosure. Sentencing Error The court found true, and imposed sentence on, one prior serious felony enhancement (§ 667(a)) allegation. The court also found true three prior prison term enhancement allegations (§ 667.5(b)), one of which was based on the same conviction upon which the prior serious felony enhancement was based, i.e., appellant‟s 1994 conviction in Tulare County Superior Court case No. CR19480 (case No. CR19480). However, the court imposed sentence on only one of the prior prison term enhancements and did…