P. v. Kurney CA5
On September 24, 2015, the Kern County District Attorney charged defendant with conspiracy to possess a controlled substance for sale (Pen. Code, § 182, subd. (a)(1); count 1), possession of a controlled substance for sale (Health & Saf. Code, § 11351; count 2), bringing a controlled substance into a prison (§ 4573; count 3), and possession of a controlled substance in a prison (§ 4573.6; count 4). The information further alleged defendant had suffered 18 prior felony convictions within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)).
On June 13, 2016, defendant filed a Pitchess motion for discovery of Correctional Officer Carole Estioco-Fountain’s personnel records. The trial court denied the motion.
On September 9, 2016, a jury found defendant guilty on counts 1 through 3. Count 4 was deemed a lesser included offense of count 3. The trial court found the prior conviction allegations true.
On October 18, 2016, the tri
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