Opinion
A154358
12-10-2018
THE PEOPLE, Plaintiff and Respondent, v. MICHAEL LANCE ARENDT, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Contra Costa County Super. Ct. No. 51520386)
Pursuant to this court's order on the prior appeal in this matter (No. A148697), the trial court conducted an in camera review of Sergeant Johnson's personnel records pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531. The trial court determined that the file contained nothing required to be disclosed and, therefore, pursuant to this court's order in No. A148697, reinstated the judgment after dismissing the conviction for attempted criminal threats in count 4. On appeal from the reinstated judgment, defendant has requested this court to review the sealed transcript of the in camera hearing. Having done so, we find that the trial court properly swore in the custodian of Sergeant Johnson's records and did not abuse its discretion in determining there were no records improperly withheld. Therefore, the reinstated judgment is affirmed.
POLLAK, P.J. We concur: STREETER, J.
TUCHER, J.