People v. Harrison
Annotate this CaseThe prosecution has a sua sponte duty to provide Brady information. Defendant appealed his conviction of possessing a firearm after a felony conviction (count 1), and making criminal threats (count 4). Defendant argued that the trial court erred in denying his motion for new trial after the prosecution failed to disclose a video recording of defendant invoking his right to remain silent during a Miranda interrogation. The Court of Appeal reversed the conviction on count 4 and remanded for a new trial based on the Brady error. The court denied relief as to count 1; vacated the original sentence imposed, as well as the purported resentencing on August 24, 2017; and noted that, while an appeal pends, the trial court was without power to resentence.
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