P. v. Huynh
Jonathan Huynh appeals from his judgment of conviction by jury verdict of murder (Pen. Code, § 187, subd. (a)). He argues his constitutional rights to remain silent, to due process, and a fair trial were violated by the court’s order that he could not present a defense without admissible evidence of the foundational basis, which could only come from defendant’s testimony. He also contends the trial court erred in denying his Pitchess motion, and that the court erred in imposing a $520 assessment and surcharge. Respondent concedes error with respect to the last issue.
We conclude that defendant’s rights were not violated by the trial court’s order that his testimony was necessary to lay a foundation for the defense that the victim died during a consensual episode of sexual asphyxiation. The trial court erred in denying defendant’s motion for discovery of material in the personnel files of two investigating detectives, as related to the defense that his statements to them were coerced. We shall conditionally reverse the judgment to allow the trial court to conduct the appropriate in camera review, as we explain. We reverse as to the $520 penalty assessment imposed on the restitution fines.
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