P. v. Stewart CA4/3
Forensic investigators found Paul Anthony Stewart’s thumb and palm prints on the front passenger side window where the shooter aimed his gun at rival gang members inside a car before firing twice. (Pen. Code, §§ 187, subd. (a); 664, subd. (a); all further statutory references are to this code unless noted.) The jury convicted Stewart of attempted murder and found true enhancement allegations that Stewart personally discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)) and committed the offense to benefit a criminal street gang (§ 186.22, subd. (b)). The trial court denied Stewart’s new trial motion under Brady v. Maryland (1963) 373 U.S. 83 (Brady) and sentenced him to 42 years to life in prison. Stewart contends the court erred in denying his new trial motion because the prosecutor should have disclosed transcripts of a defense investigator’s witness interviews regarding Stewart’s involvement in a prior gang-related vandalism incident.
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