P. v. Warner
Defendant, Emilios Warner, appeals from his cocaine base possession for sale conviction (Health & Saf. Code, 11351.5) and findings he was previously convicted of a serious felony and served a prior prison term. (Pen. Code, 667, subd. (b)(i), 667.5, subd. (b), 1170.12.) Defendant argues: there was insufficient evidence to support his cocaine base possession conviction; the upper term was improperly imposed; and certain peace officer personnel records should have been disclosed. The Attorney General argues that additional fines and penalties should have been imposed. We conclude certain peace officer personnel records should have been disclosed and additional fines should have been imposed. We conditionally reverse the judgment in order to allow disclosure of certain documents to the defense. Defendant shall have the opportunity to demonstrate had the new matters been disclosed, there is a reasonable probability defendant would have secured a more favorable result. The judgment is affirmed.
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