P. v. Gilbert CA4/2
Defendant and appellant Jorge Dagoberto Gilbert was convicted of torturing and attempting to murder his girlfriend. In this appeal, he asks that we review the sealed transcript of the trial court’s in camera proceeding conducted under Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess) to determine whether the trial court erred in ruling on his request to disclose the personnel records of a law enforcement officer. He further argues that (1) there was insufficient evidence to support the jury’s finding that he personally used a dangerous or deadly weapon during the course of the attempted murder; (2) the trial court erred in responding to a question from the jury; (3) there is an error in the abstract of judgment; and (4) the matter should be remanded to allow the trial court to exercise its sentencing discretion under the newly enacted Assembly Bill No. 518 (Assembly Bill 518).
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