P. v. Bell

Filed 9/11/06 P. v. Bell CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

APPEAL from a judgment of the Los Angeles County Superior Court,

Norman J. Shapiro and Marsha N. Revel, Judges. Affirmed.

Ronnie Duberstein, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Robert F. Katz and Lauren E. Dana, Deputy Attorneys General, for Plaintiff and Respondent.

_________________________

Dejuan Henry Bell appeals from the judgment entered following his conviction by jury of possession of a firearm by a felon. Bell requests that this court review the sealed transcript of the trial court proceedings on his Pitchess motion (Pitchess v. Superior Court (1974) 11 Cal.3d 531) to determine whether the trial court erred by failing to provide him with all discoverable information. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. The Jury Trial and Sentencing

Bell was charged with possession of a firearm by a felon. (Pen. Code, § 12021, subd. (a)(1).) It was also specially alleged that he had served three separate prison terms for a felony. (Pen. Code, § 667.5, subd. (b).) Bell pleaded not guilty and denied the special allegations.

According to the evidence presented at trial, Los Angeles Police Officer Jesse Reyes and his partner Enrique Robledo were on routine patrol when they came upon some people in front of a house, drinking alcohol. Bell was nearby in a crouched position, holding his waistband and surveying traffic. He wore a white T-shirt, black pants, and dark shoes. Bell stood when he saw the patrol car and removed his hand from his waistband, revealing the butt of a handgun. Officers Reyes and Robledo drove up, and Bell began to walk away quickly. When Bell was ordered to stop, he began running towards the backyard of the house with the officers following him. Bell tossed a blue steel revolver over a chain link fence before he jumped over the fence and ran down an alley. Officers Reyes and Robledo stopped their pursuit and radioed additional units to set up a perimeter. A third officer saw Bell emerge from the alley and detained him. Bell's white T-shirt and dark pants were stained with mud. Officers Reyes and Robledo identified Bell as the person they had pursued. After Bell was taken into custody, a loaded blue steel revolver was recovered in the area where Bell had thrown it.

The parties stipulated Bell had previously been convicted of a felony.

Aldo Panzieri, a professional photographer was a defense witness. He took nighttime photographs that Officer Robeldo testified accurately depicted the extent of â€