P.
P. v. Smith CA5
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…