Can a defendant appeal his conviction for a charge of common assault against a prosecutor who failed to disclose newly discovered exculpatory evidence?

California, United States of America

The following excerpt is from People v. Freeland, C077945 (Cal. App. 2016):

Defendant filed a timely notice of appeal, and now contends: (1) the People failed to disclose newly discovered exculpatory evidence, thereby violating his due process rights under Brady v. Maryland (1963) 373 U.S. 83 [10 L.Ed.2d 215]; (2) the prosecutor committed misconduct in closing argument, denying him due process; and (3) his misdemeanor sentence should have been stayed pursuant to section 654.

We modify the judgment to stay the misdemeanor sentence and otherwise affirm.

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