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P. v. Owens
A jury found defendant and appellant Edmond Owens (defendant) guilty of attempted possession of cocaine base. On appeal, he contends that the trial court abused its discretion when it denied his Pitchess[1]motion for the production of the personnel records of one of the two police officers who testified against him. Defendant also requests that we review the record of the trial courts in camera proceeding concerning the discovery of the personnel records of the other officer who testified at trial. And, defendant contends that the trial court erred when it ordered him to pay attorney fees without conducting a hearing on his ability to pay those fees and without any evidence in the record as to the amount of those fees.
Court hold that the trial court did not abuse its discretion in denying the Pitchess motion as to one of the two officers who testified, that the trial court correctly concluded after an in camera review that there were no discoverable documents as to the other officer, and that there is insufficient evidence to support the order requiring defendant to pay attorney fees. Court therefore affirm the judgment of conviction, but reverse the order requiring defendant to pay attorney fees and remand the matter to the trial court with directions to hold a hearing on defendants ability to pay attorney fees.


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