People v. Coleman
Annotate this CaseColeman was charged with possession of cocaine base for sale (Health & Saf. Code 11351.5). Before the preliminary hearing, Coleman moved, under Brady v. Maryland for discovery of material in the personnel file of arresting officer Stonebreaker, including his record of arrests and prosecution (rap sheet). The court conducted an in camera hearing, and ordered the city to disclose information concerning a “complaint of false identifying information.” The court denied the motion to the extent it sought Stonebreaker’s birth date or rap sheet. The court also denied motions to suppress and to set aside the information. Before trial, Coleman moved to require the prosecution to run rap sheets on all testifying prosecution witnesses. The court ordered the prosecution to comply with Brady but would not order rap sheets. A jury convicted Coleman. The court sentenced him to jail and ordered Coleman to pay a $570 drug program fee (section 11372.7 (a)), and $500 in attorney fees (987.8(b)). The court of appeal affirmed denial of Coleman’s motion to suppress and of motions seeking Stonebreaker’s rap sheet. The court reversed for the court to determine Coleman’s ability to pay the fees. The trial court erred in delegating that determination to the probation department.
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