Is a defendant entitled to discovery of documents relating to his theory the police planted contraband on his person?

California, United States of America


The following excerpt is from People v. Robinson, B259143 (Cal. App. 2016):

Defendant contends he is entitled to discovery of documents pertaining to his theory the police planted the contraband on his person (Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess)), and, for this reason, he requests this court review the in camera Pitchess hearing transcript and remand the matter for further proceedings if any material in the police personnel records was improperly withheld. He also contends he is entitled to have his sentence reduced to the three-year middle term pursuant to section 11351.5, as amended, and his precommitment credit award corrected to reflect a total of 416 days.

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