P. v. Moreno
Defendant Thomas Moreno filed an insurance claim alleging that his customized motorcycle was stolen out of his driveway. Several months after the insurer paid the claim, the police impounded a motorcycle matching the description of Moreno’s stolen vehicle. Moreno attempted to retrieve the impounded vehicle and denied that he had ever filed an insurance claim. He was arrested and charged with insurance fraud (Pen. Code, § 550 subd. (a)(10)), defrauding an insurer (Pen. Code, § 548, subd. (a)) and perjury by declaration (Pen. Code, § 118, subd. (a).)
During a pretrial hearing, a police officer testified that he impounded the motorcycle because a confidential serial number indicated that it had been reported stolen. On cross-examination, the officer asserted that the location of the serial number was privileged under Evidence Code section 1040. The trial court upheld the officer’s assertion of privilege and ruled that the information was not material within the meaning of Evidence Code section 1042. The jury convicted Moreno on all counts.
On appeal, Moreno argues that his conviction should be reversed because: (1) the location of the serial number was material to his defense; and (2) the court committed instructional error. He also asks that we review the in camera proceedings conducted by the trial court pursuant to his motion for production of documents under Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). We affirm the conviction.
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