P.

P. v. Smith CA5

Good Law
Court of Appeal of CaliforniaMay 20, 2013F063679California6,312 words

Opinion

Opinion

Poochigian, J.

INTRODUCTION

Robert Roy Smith (defendant) was charged with one count of possession or control of child pornography with a prior. (Pen. Code, § 311.11, subd. (b).) The information also alleged three prior serious felony “strikes.” (Pen. Code § 288, subd. (a) [two prior convictions]; Pen. Code,1 § 288a, subd. (c)(1) [one prior conviction].) Defendant eventually admitted the prior conviction allegations. Following trial, a jury convicted defendant as charged. The superior court struck one of the strikes and sentenced defendant to a prison term of 25 years to life. Defendant appeals, contending that “late” disclosures by the prosecution constituted discovery violations and infringed on his right to a fair trial. Defendant further claims that the exclusion of testimony regarding his prior diagnosis and treatment as a sex offender was error. We reject both contentions and affirm.

FACTS

Keri DeAlba’s Testimony At trial, Keri DeAlba testified that she worked as a behavioral specialist at the Golden Gate Center (the “Center”), which is part of the Vocational Education Center at Coalinga State Hospital. DeAlba had daily contact with the defendant, who was a patient at the hospital. The…

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