Can a criminal defendant obtain in-chambers review of a police officer's personnel file?

"On a showing of good cause a criminal defendant is entitled to discovery of relevant documents or information in the personnel records of a police officer accused of misconduct against the defendant. (Evid. Code, 1043, subd. (b).) Good cause for discovery exists when the defendant shows both '"materiality" to the subject matter of the pending litigation and a "reasonable belief" that the agency has the type of information sought.'" (Warrick v. Superior Court (2005) 35 Cal.4th 1011, 1016, fn. omitted.) To show materiality to warrant in-chambers review of the information in the arresting officer's personnel file, "a defendant need only demonstrate that the scenario of alleged officer misconduct could or might have occurred." (Id. at pp. 1016, 1027.)

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As defendant acknowledges, the trial court found that he had made a showing of good cause for discovery and, after conducting an in-camera hearing, ruled that there was one item of discoverable information pertaining to each officer. To the extent defendant seeks appellate review to determine whether more was discoverable, we have reviewed the sealed transcript and conclude that the trial court did not abuse its discretion. (People v. Cruz (2008) 44 Cal.4th 636, 670.)

The judgment is affirmed.

BLEASE, Acting P. J.

We concur: