Filed 11/4/14 P. v. Haywood CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

RUFUS MAXIMILLION HAYWOOD,

Defendant and Appellant. F068135

(Super. Ct. No. SF16843A)

O P I N I O N

THE COURT 
APPEAL from a judgment of the Superior Court of Ker n County. Colette M.
Humphrey, Judge.
Rachel Varnell, under appointment by the Court of Appeal, for Defendant and
Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney
General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and
Raymond L. Brosterhous II, Deputy Attorneys General, for Plaintiff and Respondent.

- ooOoo

-

 Before Levy , Acting P.J., Cornell , J., and Gome s, J.2

Defendant Rufus M aximillion Haywood was convicted by no contest plea of false
imprisonment (Pen. Code, § 236) 1 and impersonating a peace officer (§ 146 a,

subd. (b)(1)). The trial court sen tenced defendant to three years eight months in prison

. On appeal, he contends the abstract of judgment does not reflect the sentence imposed by
the trial court, and he requests that we review the trial court’s in camera review of

Pitchess 2 material. We affirm.

DISCUSSION

I. Abstract of Judgment

Defendant con tends, and the People agree, that the trial court sentenced defendant
to three years eight months, to be served concurrently with his term in case

number SF16481A, but the abstract of judgment incorrectly reflects that the sentences are

to be served consec utively

. We agree that the original abstract was incorrect. On
February 4, 2014, however, this court received an amended abstract of judgment, filed on
January 1 4 , 2014, which correctly reflects that the sentences a re to be served
concurrently. Accordin gly, n o further action is required.

II. Pitchess Review
Defendant asks that we review the material examined in camera by the trial court
pursuant to defendant’s Pitchess motion for discovery of complaints of dishonesty, false
statements, or fabrication of charges by officers . The trial court found no discoverable

material in the officers’ personnel files. Defendant requests that we review that ruling.
The People counter that def endant has waived this challenge by pleading no contest. In
his reply brief , defendant concedes the issue in light of the People’s points. We agree.

1 All statutory references are to the Penal Code unless otherwise noted.

2 Pitchess v. Superior Court (1974) 11 Cal.3d 531 ( Pitchess ).3

“ Issues concerning the defendant’ s guilt or innocence are not cognizable on appeal
from a guilty plea . [Citation s .] ” ( People v. Voit (2011) 200 Cal.App.4th 1353, 1364. )

“ The sa me restrictions on appellate issues apply after a no contest plea [citations] ....”
( Ibid. ) “A voluntary plea of guilty [or no contest] is the equivalent of a conviction of the
crime and includes an admission of every element of the crime.” ( People v. Eno s (1973)
34 Cal.App.3d 25, 40

- 41.) A Pitchess motion is a challenge to the legality of the
discovery process

, and discovery matters are waived by a guilty or no contest plea.
( People v. Hunter (2002) 100 Cal.App.4th 37, 42; People v. Collins (2004) 115

C al.App.4th 137, 151 .) Here, defendant’ s no contest plea admitted every element of the
crime and waived any discovery issues , including denial of his Pitchess motion

. DISPOSITION

The judgment is affirmed.