People v. Biddle, 031519 CAAPP1, A155097

Docket Nº:A155097
Opinion Judge:STREETER, J.
Party Name:THE PEOPLE, Plaintiff and Respondent, v. MARCUS CHARLES BIDDLE, Defendant and Appellant.
Judge Panel:We concur: Pollak, P. J. Brown, J.
Case Date:March 15, 2019
Court:California Court of Appeals
 
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THE PEOPLE, Plaintiff and Respondent,

v.

MARCUS CHARLES BIDDLE, Defendant and Appellant.

A155097

California Court of Appeals, First District, Fourth Division

March 15, 2019

NOT TO BE PUBLISHED

Solano County Super. Ct. No. FCR307328

MEMORANDUM OPINION 1

STREETER, J.

A jury convicted appellant Marcus Charles Biddle of possession for sale of methamphetamine in violation of Health and Safety Code section 11378, for which he was placed on three years formal probation, with 234 days to be served in county jail. In a prior appeal, he challenged the admission of a confession he made to the police on grounds it was involuntary. He also requested that this court conduct an independent review of the trial court's denial of his Pitchess motion following an in camera hearing. (See People v. Biddle (Jan. 25, 2018, A148181 [nonpub. opn.]; see also Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess).)

We rejected Biddle's challenge to the admission of his confession, but under People v. Guevara (2007) 148 Cal.App.4th 62 (Guevara) found the record inadequate to conduct meaningful review of the court's denial of the Pitchess motion. (See People v. Biddle,

supra, A148181 [citing and discussing Guevara, supra, 148 Cal.App.4th at p. 69].)

We conditionally reversed and remanded for another Pitchess hearing. (People v. Biddle,

supra, A148181; see People v. Gaines (2009) 46 Cal.4th 172, 182-183 [proper remedy upon finding procedural error in trial court's Pitchess review is conditional reversal with directions to review the requested documents in...

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