<NAME>

<ADDRESS>

<CITY>, CA <ZIP>

<PHONE>

Pro Per

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF <COUNTY NAME>, <JUSTICE CENTER or BRANCH>

PEOPLE OF THE STATE OF CALIFORNIA,
vs.
<NAME> / Case No. ___
DISCOVERY REQUEST

Pursuant to California Penal Code sections 1054 and 1054.1, and California Government Code section 26500, the defendant in the above entitled matter does hereby request under discovery the following:

§  A list of all witnesses for the prosecution.

§  A copy of all of Officer <Officer’s name>’s notes on this case including copies of the front and back of the officer’s copy of the ticket.

Please note: PC 1054.1 uses the imperative, “shall disclose.” The only place in the law where we find any choice in this matter is in Government Code 26500, which states in part:

The public prosecutor shall attend the courts, and within his or her discretion shall initiate and conduct on behalf of the people all prosecutions for public offenses. (emphasis added)

Obviously the public prosecutor would not violate the law, therefore we will have to interpret a failure to provide the documents requested under discovery as an exercise of the discretion provided for in GC 26500 and a decision not to prosecute this case.

This request is made on this the <date>th day of <Month> <year>.

<Defendant’s Name>