P. v. Smith
Robert Roy Smith (defendant) was charged with one count of possession or control of child pornography with a prior. (Pen. Code, § 311.11, subd. (b).) The information also alleged three prior serious felony “strikes.†(Pen. Code § 288, subd. (a) [two prior convictions]; Pen. Code,[1] § 288a, subd. (c)(1) [one prior conviction].)
Defendant eventually admitted the prior conviction allegations. Following trial, a jury convicted defendant as charged. The superior court struck one of the strikes and sentenced defendant to a prison term of 25 years to life.
Defendant appeals, contending that “late†disclosures by the prosecution constituted discovery violations and infringed on his right to a fair trial. Defendant further claims that the exclusion of testimony regarding his prior diagnosis and treatment as a sex offender was error. We reject both contentions and affirm.
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