People v. White CA4/1

── People v. White CA4/1 ── Court: California Court of Appeal Date: May 28, 2026 Category: General Filed 5/28/26 P. v. White CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA THE PEOPLE, D084553 Plaintiff and Respondent, v. (Super. Ct. No. SCD274477) JEREMY JONATHAN WHITE, Defendant and Appellant. APPEAL from a judgment of the Superior Court of San Diego County, Daniel B. Goldstein, Judge. Affirmed; amendment ordered. Sally Patrone, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Robin Urbanski, Assistant Attorney General, Eric A. Swenson and Junichi P. Semitsu, Deputy Attorneys General, for Plaintiff and Respondent.  I. INTRODUCTION On January 9, 2021 — three days after the riot at the U.S. capitol — defendant Jeremy Jonathan White and several fellow Antifa movement activists traveled from Los Angeles to San Diego to meet local Antifa activists to counterprotest a planned right-wing “Patriot March.” Donning full tactical armor and armed with bear spray and a taser, White led Antifa marchers up and down the Pacific Beach boardwalk as many of the Antifa protesters violently confronted right-wing marchers. The scene devolved into a riot and police ultimately declared the Antifa protesters an unlawful assembly. Over a year later, a San Diego grand jury issued a 29-count indictment alleging that 11 defendants conspired to riot on behalf of Antifa to disrupt the January 9, 2021 political demonstration. Charges included conspiracy to commit the crime of riot (Pen. Code,1 §§ 182, subd. (a)(1), 404); use of tear gas not in self-defense (§ 22810, subd. (g)); assault by means likely to produce great bodily injury (§ 245, subd. (a)(4)); assault with a stun gun or less lethal weapon (§ 244.5, subd. (b)); assault with a deadly weapon (§ 245, subd. (a)(1)); and taking from lawful custody by means of riot (§ 405a). The indictment alleged coconspirators committed 105 overt acts in furtherance of the conspiracy during 11 incidents. All but two defendants entered plea bargains, and the case proceeded to a joint trial against only White and codefendant Brian Lightfoot.2 White was charged with two crimes: conspiracy to riot (count 1), and assault by means likely to produce great bodily injury (count 13 in connection with the 1 Further statutory references are to the Penal Code unless otherwise indicated. 2 Lightfoot is not a party to this appeal. We discuss the case against him only as it relates to White’s appeal. 2 indictment’s “Incident 5”).3 The jury found White guilty of conspiracy and not guilty of assault. The trial court sentenced White to two years.4 On appeal, White contends the trial court committed the following nine errors: (1) recording custodial conditions in the sentencing minutes that were not orally pronounced at sentencing; (2) denying White’s motion for pretrial mental health diversion; (3) barring the defense from referring to victims by inflammatory names; (4) allowing an unqualified police detective to testify as an expert regarding Antifa; (5) denying White’s motion for mistrial and dismissal based on discovery and Brady5 disclosure violations; (6) denying White’s motion to dismiss for lack of sufficient evidence under section 1118.1; (7) misin