P. v. Ferguson
This case is before us on appeal for the second time. In the original appeal, we affirmed the conviction of defendant and appellant Tredis Ferguson, struck a fine from the judgment, and remanded the case to the trial court to hold an in camera hearing under Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess).[1] On remand, the trial court granted discovery under Pitchess, held a hearing to determine if there was a reasonable probability of a more favorable result to defendant had the discovery been available at trial, and denied a motion to vacate the conviction.
Defendant contends he was prejudiced by the trial court’s denial of his original motion under Pitchess, which deprived him of the opportunity to impeach Officer Jeffrey Dohlen, the primary prosecution witness. He also argues the trial court applied the wrong standard in assessing prejudice, it is reasonably probable there would have been a different result had Officer Dohlen been impeached, and he was denied his Sixth Amendment right to confront and cross-examine witnesses. We affirm.
Comments on P. v. Ferguson