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THE PEOPLE v. TIMOTHY KEITH GOOSBY

November 30, 2010

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
TIMOTHY KEITH GOOSBY, DEFENDANT AND APPELLANT.



APPEAL from a judgment of the Superior Court of San Diego County, Margie G. Woods, Judge. (Super. Ct. No. SCD220618; SCD212028; SCD222557)

The opinion of the court was delivered by: Haller, J.

P. v. Goosby

CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Affirmed.

A jury found Timothy Goosby guilty of grand theft of personal property, unlawful driving a vehicle with a prior conviction for the same crime, and receiving stolen property. After finding true several prison prior allegations, the court imposed a sentence of nine years four months. The court also imposed concurrent sentences in two unrelated cases against Goosby, one involving a probation revocation and one involving a guilty plea.

Goosby raises a single issue on appeal: whether the court erred in refusing his request for discovery of a one-page document containing email communications between a deputy district attorney and her paralegal. Goosby requests that we review the sealed document and determine whether the court erred in refusing to order the document disclosed. The Attorney General concedes it is proper for this court to review the sealed document.

After reviewing the document, we concur with the trial court's conclusions that the document was not discoverable. We additionally determine there is no reasonable probability the disclosure would have affected the outcome of the trial.

FACTUAL SUMMARY

Goosby was tried jointly with co-defendant Archie Hurn. The charged crimes arose from incidents occurring on May 10, 2009. First, at about 4:00 a.m. Goosby and Hurn broke into a gas station mini-mart, where they stole beer and cigarettes. About one hour later, defendants drove in a stolen truck to another gas station where they used the truck to ram into, and then dislodge, an automated teller machine (ATM) which they then placed inside the bed of the truck.

A gas station cashier employee, Jonalyn Soriano Reid, who was in a small booth near the ATM, witnessed the incident and called 911. A police officer, who happened to be sitting in his vehicle near the gas station, also saw the two men lifting the ATM onto the back of the stolen truck and leave the gas station. The police officer immediately pursued the truck. After a brief high-speed chase, defendants pulled into a motel parking lot, exited the truck, and attempted to run away. The police officer followed Goosby and arrested him. Hurn was arrested shortly thereafter. In the bed of the truck, the police found the stolen goods from the first mini-mart theft and the ATM from the second incident.

At trial, the prosecutor showed security videotapes for both theft incidents, in which the perpetrators were wearing clothing resembling the clothing defendants wore (or attempted to hide) at the time of their arrests. The officer who chased and arrested Goosby identified him at trial as the person in the stolen vehicle.

The prosecution also called witness Reid (the gas station employee) who identified Goosby and Hurn as the perpetrators shortly after the incident and at trial. She accurately described their clothing but acknowledged she could not see the faces of the perpetrators because it was ...


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