P. v. Olmos
Defendant and appellant Javier Antonio Olmos appeals from the judgment entered following a jury trial that resulted in his convictions for grand theft auto and unlawfully driving or taking a vehicle. Olmos was sentenced to a prison term of four years. Olmos contends: (1) the trial court erred by denying his Pitchess motion for discovery without conducting an in camera review of the requested police personnel records; (2) because violation of Vehicle Code section 10851 is a lesser included offense of grand theft auto, he could not properly be convicted of both offenses; and (3) the trial court committed instructional error. As the parties agree, Olmoss second contention has merit, and his conviction for unlawfully driving or taking a vehicle must be reversed. Court further hold that the trial court erred by denying in camera review of peace officer records related to dishonesty. Court remand with directions for a limited hearing on that issue.
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