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Modification: People v. Landers

Ruling by

Jon B. Streeter

Lower Court

San Francisco County Superior Court

Lower Court Judge

Anne Bouliane

Public defender did not violate reciprocal discovery order; under 'Izazaga v. Superior Court' counsel did not reasonably anticipate it was likely he would call witness because he was undertaking minimal defense.





Court

California Courts of Appeal 1DCA/4

Cite as

2019 DJDAR 1193

Published

Feb. 11, 2019

Filing Date

Feb. 7, 2019

Opinion Type

Modification

Disposition Type

Reversed


THE PEOPLE,

Plaintiff,

v.

ADRIAN LANDERS,

Defendant;

 

MANOHAR RAJU,

Objector and Appellant.

 

No. A145037

(City & County of San Francisco

Super. Ct. No. 221100)

California Courts of Appeal

First Appellate District

Division Four

Filed February 7, 2019

 

Trial judge: Hon. Anne Bouliane

 

Counsel

 

Jeff Adachi, Public Defender (San Francisco), Matt Gonzalez, Chief Attorney, and Christopher F. Gauger, Deputy Public Defender for Objector and Appellant.

Laura Arnold for California Public Defender's Association as Amicus Curiae on behalf of Objector and Appellant.

Brendon D. Woods, Public Defender (Alameda), and Brian Bloom, Assistant Public Defender as Amici Curiae on behalf of Objector and Appellant.

Elizabeth K. Barker, Supervising Attorney and Garrick Byers, Special Assignment Attorney for Alternate Defender Office of Contra Costa County as Amici Curiae on behalf of Objector and Appellant.

George Gascón, District Attorney (San Francisco), Louise Ogden, Assistant District Attorney, and Joseph Frislid, Assistant District Attorney for Plaintiff.

 

THE COURT:

 

It is ordered that the opinion filed herein on January 14, 2019, be modified as follows:

 

1. On page 3, in subheading "B" entitled "Pretrial Investigation and Discovery by the Defense", delete the words "and Discovery."

2. On page 8, in the first sentence that starts with "Addressing specifically to the accusations of discovery default," delete the word "to" so the phrase reads, "Addressing specifically the accusations of discovery default,".

3. On page 13, in the first paragraph, in the sentence that starts, "Alternatively, an abuse of discretion will be found if the factual findings underlying the order under review are factually unsupported," delete the word "factual."

 

 

Dated: February 7, 2019

_______________________________ Acting P. J.

#272690

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