P. v. Bryson CA1/1
Defendant Fredrick Gerod Bryson Jr. appeals from a judgment of conviction of driving under the influence (Veh. Code, § 23152, subd. (a)) and driving on a suspended license (Veh. Code, § 14601.2, subd. (a)). He contends the trial court, by failing to obtain his personal waiver of jury trial, erroneously tried alleged enhancements for prior convictions, a prison prior, and refusal to submit to a chemical test. He also asks us to review the sealed transcript of a Pitchess hearing to determine whether the trial court erred in finding no discoverable information. While we conclude there were errors in connection with both issues, we conclude the one jury trial error was harmless. As to the Pitchess hearing, the trial court failed to place the custodian of records under oath at the in camera hearing and failed to make a sufficiently clear record to permit appellate review. We therefore conditionally reverse the judgment and remand for a new hearing.
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