California v. Washington

An onlooker called 911 to report that defendant Marcus Washington was walking around flashing a gun. Defendant fled on foot from responding police; officers eventually arrested defendant and recovered a loaded magazine and a firearm in his path of flight. A jury found him guilty of being a felon in possession of a firearm and ammunition, and obstructing a peace officer during the lawful performance of his duties. Defendant admitted a strike prior and a prior prison term, and was sentenced to seven years in state prison. On appeal, defendant contended: (1) because he was indigent, the trial court abused its discretion in denying his motion for payment of costs for copying discovery, even though his retained counsel had access to the materials at the district attorney’s office and the written retainer agreement between his mother and counsel provided for payment of routine costs and expenses; (2) the court violated his due process rights by denying him all relevant discovery before trial; (3) the prosecutor committed misconduct during her opening statement and closing remarks by referring to facts not supported by the evidence, and by misstating the law regarding possession of firearms by a felon; (4) insufficient evidence supports his possession convictions; and (5) the court abused its discretion by denying his motion for discovery of the personnel records of a police officer who was not present when defendant was apprehended and who did not testify at trial. Finding no reversible error, the Court of Appeal affirmed defendant’s judgment of conviction. View "California v. Washington" on Justia Law