People v. Moya

Opinion

SCOTT, J.

Appellant, Frank Moya, was convicted by a jury of possession of a sharp instrument by a prisoner, in violation of Penal Code section 4502. Among his contentions on appeal is that he was denied access to information critical to his defense of discriminatory prosecution, in violation of Murgia *1309v. Municipal Court (1975) 15 Cal.3d 286 [124 Cal.Rptr. 204, 540 P.2d 44]. We hold that notwithstanding People v. Ochoa (1985) 165 Cal.App.3d 885 [212 Cal.Rptr. 4], the trial court did not abuse its discretion in denying appellant’s discovery request, and affirm the judgment.

I

On March 29,…