P. v. Hughes CA1/5
Appellant Jordan Christopher Hughes was tried before a jury and convicted of one count of attempted murder of a peace officer and three counts of assault with a firearm upon a peace officer, along with allegations that he personally and intentionally discharged a firearm. (Pen. Code, §§ 187, 664, 245, subd. (d)(1), 12022.53, subd. (c).) He contends the trial court abused its discretion when it denied his request for an in camera review of police personnel records under Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). We conclude the judgment must be conditionally reversed and the matter remanded for an in camera review. (See People v. Gaines (2009) 46 Cal.4th 172, 180 (Gaines).) In the event the judgment is reinstated following that review, a new sentencing hearing is required due to the trial court’s unauthorized stay of two firearm enhancements. (See People v. Oates (2004) 32 Cal.4th 1048, 1063 (Oates).)
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