P. v. Denmark
Tyrone Prince Denmark appeals from the judgment entered following his conviction by jury of first degree residential burglary with a person present (Pen. Code, 459, 667.5, subd. (c)(21)) with admissions that he suffered a prior felony conviction (Pen. Code, 667, subd. (d)), a prior serious felony conviction (Pen. Code, 667, subd. (a)), and a prior felony conviction for which he served a separate prison term (Pen. Code, 667.5, subd. (b)). The court sentenced appellant to prison for nine years.
Court hold the trial court properly denied appellants Pitchess motion. To the extent the motion sought information relating to the alleged dishonesty of three officers to show they fabricated that appellant waived his Miranda rights and made a statement, appellant failed to establish a plausible factual foundation that the officers committed misconduct. The supporting declaration of appellants trial counsel conclusorily asserted that she expect[ed] unspecified evidence to show the officers were fabricating. To the extent the motion sought information relating to the alleged dishonesty of the officers to show they committed other fabrications, including fabricating witnesses identifications of appellant during field showups, appellant waived the issue by failing to raise it below. In any event, the conclusory assertion of appellants trial counsel that she expected evidence to show the officers were fabricating failed to establish a plausible factual foundation that the officers fabricated anything. To the extent the motion sought information other than evidence relating to the alleged dishonesty of the officers, the motion was overbroad.
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