PC 1054 and Discovery

[randchap]

My traffic court question relates to California:

I started a thread a couple of days ago related to my Trial by Written Declaration. This is the same case but a different question.

I know discovery has been discussed ad nauseum in this forum and I have read most of these. I cannot see anywhere in the text of the statute (Penal Code 1054) nor in case law where anybody besides the prosecutor's attorney (in this case the DA) is reponsible for providing discovery.

The distinction is important because I received a letter from the court (LA Superior Court - West Covina courthouse) stating that I need to contact the CHP and not the DA for discovery.

My best shot at beating this ticket is to trip up based on procedure, so I'm not looking for the most expeditious way to get the material. Has this been tried with success or failure before? I am planning to compel the DA to comply, and if this goes sideways I would have grounds for appeal (after a trial de novo) based on my interpretation.

Thanks.

[Mr. Knowitall]

There are a number of threads in the forum discussing this issue. You're not going to find a case that obligates the prosecutor to provide discovery, and some prosecutor's offices take the position that if they're not going to appear at the hearing they can pass the obligation off to the police agency.

You're free to appeal if you lose, preserving this issue at the trial court level then raising it on appeal if the court doesn't order the prosecutor to answer your discovery request and you ultimately lose; but that's not an easy path to take, and there's no guarantee that you'll get the decision you want.

[randchap]

Figured an update was in order since I have received some good advice from this forum. I called the court yesterday and inquired about my status, and was told that my case was dismissed and that I would be getting a refund in the mail.

I pushed the issue of discovery pretty hard in my TBWD, and maybe it worked. Also, of course likely, is that the officer didn't submit his declaration. Either way, off free and clear!

I'll post any updates I see on this and am happy to share with others my declaration if anybody wants to private message me.

Thanks all!