People v. Brogdon CA1/2

facts concerning defendant’s offense. The probation report was transmitted to this court as a confidential record. We interpret defendant’s reliance on it in his brief, which he filed without redactions or a sealing request, as a waiver of the confidentiality of the report. (See Cal. Rules of Court, rule 8.47(c)(1) [publicly-filed documents may not “disclose material contained in a confidential record, including a record that, by law, a party may choose be kept confidential in reviewing court proceedings and that the party has chosen to keep confidential,” italics added] (further rule references are to the California Rules of Court); see also rule 8.47(c)(2) [to maintain confidentiality, a party may file a motion to file a document under seal].)

2 allegedly hit the victim and told the victim that he had “ ‘jumped [the victim] in.’ ” When the victim told defendant he did not want to be in the gang, defendant said he knew where the victim lived, would put the victim “ ‘in a body bag’ ” and “ ‘shoot [his] house up’ ” if he backed out, and sent the victim images of his house from Google Maps. On January 11, 2023, the district attorney filed a complaint charging defendant with assault…