People v. HughesAnnotate this Case
Hughes fired five shots while officers were in his apartment responding to a domestic dispute and a report that Hughes might be suicidal. He was convicted of attempted murder of a peace officer and three counts of assault with a firearm on a peace officer. The jury also found that Hughes personally and intentionally discharged a firearm in committing all four offenses. In a prior appeal, the court conditionally reversed Hughes’s convictions and remanded for the trial court to conduct an in-camera “Pitchess” hearing. If a new trial was not ordered, Hughes was to be resentenced. Hughes requested that the court of appeal examine the Pitchess records produced and deemed undiscoverable on remand. He also argued that recently enacted mental health diversion statutes (Penal Code 1001.36) apply retroactively to nonfinal cases. The court of appeal held that section 1001.36 applies retroactively and agreed that a conditional reversal and remand is appropriate so the court may consider his diversion eligibility. If on remand the court determines Hughes is not eligible for section 1001.36 relief, his convictions and sentence are reinstated, and the trial court is directed to stay the sentence for the firearm enhancement to count four. The trial court did not abuse its discretion in refusing to disclose records from the officers’ personnel files.