People v. Bowles

Opinion

McINTYRE, J.

In this case, we conclude that a trial court’s power to grant sanctions under Penal Code section 1054.5, subdivision (b) (section *3211054.5(b)) based on the prosecution’s failure to disclose exculpatory evidence is limited to a circumstance where the verdict has not yet been rendered on the charged crimes and while the trial court has jurisdiction over the criminal case. (Undesignated statutory references are to the Penal Code.) Accordingly, we conclude the trial court erred by granting a new trial as a discovery sanction under section 1054.5(b) after the jury rendered its…