People v. Collie case brief

People v. Collie case brief summary
634 P.2d 534 (1981)

CASE SYNOPSIS

Defendant sought review from the Superior Court of Alameda County (California), where he was convicted of attempted first-degree murder, attempted second-degree murder, and forcible sodomy. Defendant asserted that statements made by a defense witness to a defense investigator were privileged communications not subject to prosecutorial discovery, the trial court erred in instructing the jury, and he was improperly and excessively sentenced.

CASE FACTS
Defendant's estranged wife refused sexual relations so he sodomized her. At trial, the prosecution requested discovery of the notes prepared by defense counsel's investigator regarding defendant's witness and defendant's objections regarding the work-product doctrine and the attorney-client privilege were overruled. Defendant was convicted of attempted first-degree murder of his wife, attempted second-degree murder of his daughter, and forcible sodomy. Defendant sought review and asserted that statements made by a defense witness to a defense investigator were privileged, that the trial court erred in instructing the jury, and that his sentence was excessive.

DISCUSSION

• On review, the court found that the work-product doctrine applied to criminal cases and protected the work product but appellant failed to demonstrate any prejudice in this regard. 
• The court found no error in the sentencing. 
• However, the trial court erred in instructing the jury as to the second-degree murder charge in that the jury was not required to not find a specific intent to kill; that portion of the judgment was reversed. 
• Otherwise, the case was affirmed.

CONCLUSION
The judgment was reversed as to the conviction of attempted second-degree murder. Otherwise, the judgment of the trial court was affirmed.

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