Jonathan Grossman 154452

Staff Attorney

Sixth District Appellate Program

100 N. Winchester Blvd., Suite 310

Santa Clara, CA 95050

(408) 241-6171

Attorney for A.A.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

No. H091111

(San Benito County Superior Court No. XZ9512345)

MOTION FOR ORDER TO TRANSMIT EXHIBIT
Appellant hereby requests that this court order that People's Exhibit 1 be transmitted to the court and include it in the record on appeal. This request is made pursuant to rule 8.224(d), California Rules of Court and is based on the attached declaration.

Dated: November 10, 2010.

Respectfully Submitted,

____________________________

Jonathan Grossman

Attorney for appellant, A.A.

Declaration of Jonathan Grossman

I, Jonathan Grossman, declare:

I am a staff attorney with the Sixth District Appellate Program representing A.A. on appeal. He is appealing a judgment following a contested jurisdictional hearing where he was found to have possessed a firearm in violation of Penal Code section 12021, subdivision (a). (See CT 288-292.)

An issue at the contested jurisdictional hearing was whether appellant threw an object, believed to be a gun, from a car when the police were pursuing it. The incident was recorded by a video camera attached to the front of the police car. A DVD of the video was admitted as People's Exhibit 1. (2RT 39- 42, 44.)

At present, the exhibit is located at the Superior Court in Hollister. A trip to the Superior Court will be time consuming and will result in substantial expense to the state. Since my office is located in relatively close proximity to this court, it would be far less expensive were I to travel only to this court in order to examine the exhibit. Given these circumstances, I would respectfully request that the exhibit be promptly transmitted to this court.

I declare under penalty of perjury that the foregoing is true and correct. Executed on November 10, 2011 at Santa Clara, California.

___________________________

JONATHAN GROSSMAN