P. v. Peters
Defendant Douglas Allen Peters appeals from a judgment of conviction of first degree burglary (Pen. Code, 459, 460, subd. (a))[1] and receiving stolen property ( 496, subd. (a)) following a jury trial. A mistrial was declared on a second count of first degree burglary. On appeal, defendant argues that judgment must be reversed because (1) the trial court erroneously denied his motion to sever trial of the two burglary counts in violation of due process and (2) the prosecutor committed prejudicial Griffin error (Griffin v. California (1965) 380 U.S. 609 [85 S.Ct. 1229] (Griffin)). Defendant also asks this court to review the record of the in camera hearing on his pretrial motion for discovery of police officer records (Pitchess) for any abuse of discretion.
The appellate record does not disclose any due process or Griffin error. Court are compelled to reverse the judgment for a new in camera hearing on defendant's Pitchess motion, however, since this court does not have an accurate record of the materials produced by the custodian of records and examined by the trial court in camera.
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