218 Cal. App. 4th 938
Cal. Ct. App.2013Background
- In 2011 Johnson pled no contest to two counts of second-degree robbery; sentence of six years was imposed but execution was suspended and he was placed on three years formal probation.
- Probation conditions included consenting to searches by law enforcement.
- On January 13, 2012 deputies Ochoa and Chambless detained and searched Johnson and found marijuana and debit/credit cards not in his name.
- Probation violation reports were filed; Johnson requested a Pitchess motion for deputies’ personnel records; the trial court reviewed records in camera and found no discoverable material.
- A revocation hearing was set for April 12, 2012; the prosecutor requested a continuance that day because witnesses were not present and the court continued the hearing to April 27 over Johnson’s objection.
- At the April 27 hearing the court found Johnson violated probation and ordered execution of the previously suspended six-year term; Johnson appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a continuance of a probation revocation hearing required showing of good cause under Penal Code §1050 | Section 1050’s good-cause requirement applies to any hearing in a criminal proceeding; continuance must be supported | Johnson argued the continuation (Apr 12 → Apr 27) was granted without good cause and violated his right to a timely revocation hearing | Court held §1050 applies to probation revocation hearings; prosecutor offered no good cause, but no prejudice resulted and delay was reasonable, so no reversible error |
| Whether the trial court abused discretion in its in camera Pitchess review and denial of discovery of deputies’ personnel records | Plaintiff (People) argued the court properly reviewed records and no discoverable material existed | Johnson argued the court erred and asked for independent appellate review of the in camera proceedings | Court independently reviewed sealed in camera transcript and affirmed: no abuse of discretion, no discoverable misconduct found |
Key Cases Cited
- Pitchess v. Superior Court, 11 Cal.3d 531 (1974) (establishes procedure for discovery of peace officer personnel records)
- People v. Iocca, 37 Cal.App.3d 73 (1974) (discusses scope of continuance statutes as applied to preliminary hearings)
- People v. Jenkins, 22 Cal.4th 900 (2000) (good-cause/continuance doctrine requires diligence)
- People v. Ferrer, 184 Cal.App.4th 873 (2010) (continuance and dismissal interplay; denial of continuance may be improper if dismissal would result)
- People v. Henderson, 115 Cal.App.4th 922 (2004) (showing of diligence required when seeking continuance for witness unavailability)
- Morrissey v. Brewer, 408 U.S. 471 (1972) (due process requires revocation hearing within reasonable time)
- In re Williams, 36 Cal.App.3d 649 (1974) (provides examples of reasonable delay for revocation hearings)
- People v. Mooc, 26 Cal.4th 1216 (2001) (appellate standard for independent review of in camera Pitchess proceedings)
- People v. Wycoff, 164 Cal.App.4th 410 (2008) (discusses scope of appellate review of Pitchess in camera proceedings)