People v. Lewis
Annotate this CaseThe Contra Costa District Attorney charged Lewis with vehicle theft; evading a peace officer while driving with a willful or wanton disregard for the safety of others; resisting a peace officer; and possession of burglar’s tools. The trial court dismissed the last two counts on the prosecutor’s motion, but the jury convicted Lewis of the first two counts. He was sentenced to six years in prison. While expressing concerns about whether the prosecution satisfied its discovery obligations, the court of appeal affirmed denial of a Brady motion in which Lewis sought to compel the discovery of information about the arresting officer, Switzer, after the prosecution informed the defense on the first day of trial that Switzer would not be called as a witness. The court of appeal also affirmed denial of a motion for a new trial filed by Lewis after he learned that Switzer had been charged with, and pleaded no contest to, charges of burglary, elder abuse, and obtaining a controlled substance. In entering these orders, the trial court found that the evidence about Switzer was immaterial and that the jury was not reasonably likely to have acquitted Lewis if it had been aware of this evidence
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