P. v. Beck
Appellant Fred Dale Beck was convicted by jury on September 15, 2011, of one count of unlawfully and knowingly possessing marijuana while in Avenal State Prison (Pen. Code, § 4573.6),[1] and the jury found true the allegation that he had three prior strike convictions (§§ 667, subd. (b)-(i); 1170.12, subds. (a)-(d)). After the trial court struck two of Beck’s previous strikes, he was sentenced to the upper term of four years in prison, doubled to eight years due to a remaining prior strike. His sentence was to run consecutively to his current prison stay.
On appeal, Beck contends that the trial court abused its discretion when it denied his posttrial motion for disclosure of personnel records pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess), in support of a new trial motion based on ineffective assistance of his trial counsel. The People concede that the trial court did not make an informed exercise of discretion in denying the motion as to two of the three officers at issue, and that a conditional reversal is necessary for the court to hold a new hearing on the motion. We accept the concession and remand for such a hearing.
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