San Francisco Criminal Lawyer Blog

Favor v. Superior Court of San Bernardino County (Cal. Ct. App., Jan. 13, 2021, No. E075340) 2021 WL 118005 

Summary: The right to a preliminary hearing within 60 days of arraignment “is absolute absent a defendant’s personal waiver.” (Ramos v. Superior Court (2007) 146 Cal.App.4th 719, 729, 53 Cal.Rptr.3d 189.)

Here, Favor agreed to a limited waiver of this right and consented to a new deadline that was 76 days after arraignment. The preliminary hearing was not held by that date, so Favor moved for mandatory dismissal under Penal Code section 859b. The People argue that there can be no limited waiver of the 60-day deadline, so Favor’s waiver was a general one that allowed the preliminary hearing to be set later than he authorized, even without a further waiver.

In re Gadlin Supreme Court of California. December 28, 2020 — P.3d —- 2020 WL 7690154

 Proposition 57- nonviolent felony parole consideration

In 2009, a three-judge federal district court panel ordered the CDCR “to reduce the prisoner population to 137.5% of the adult institution’s total design capacity.” (Coleman v. Schwarzenegger (E.D.Cal. 2009) 922 F.Supp.2d 882, 962; see also Brown v. Plata (2011) 563 U.S. 493, 501–503, 131 S.Ct. 1910, 179 L.Ed.2d 969.) The California Legislature and electorate subsequently enacted several measures aimed to reduce the prison population, including Assembly Bill No. 109 (Stats. 2011, ch. 15, § 482 (2011–2012 Reg. Sess.); criminal realignment) and Proposition 36 (the Substance Abuse and Crime Prevention Act of 2000). In February 2014 the federal district court ordered the Department to implement additional measures.

People v. Gentile, Supreme Court of California, (S256698), December 17, 2020 — P.3d —- 2020 WL 7393491

Aider and abettors and liability under the natural and probable consequences doctrine

An accomplice who aids and abets a crime is liable  for both that crime and any other offense committed that is the natural and probable consequence of the aided and abetted crime. Liability under the natural and probable consequences doctrine can be imposed even if the accomplice did not intend the additional offense. (People v. McCoy (2001) 25 Cal.4th 1111, 1117, 108 Cal.Rptr.2d 188, 24 P.3d 1210 (McCoy).

People v. Hall (Cal. Ct. App., Nov. 24, 2020, No. A157868) 2020 WL 6882240, at *1–7

Facts:  When Hall was pulled over for a vehicle-equipment violation in 2018, a San Francisco police officer observed in the car “a clear plastic baggie” of what appeared to be marijuana. Police officers the.  searched Hall’s car and found a gun in a closed backpack, resulting in criminal charges against Hall. The trial court denied Hall’s motion to suppress the evidence found in this search.

Proposition 64

In re Canady (Cal. Ct. App., Nov. 25, 2020, No. C089363) 2020 WL 6938325, at *1–3

 Summary: Canady filed a writ of habeas corpus in the superior court seeking early parole consideration under Proposition 57, also known as the Public Safety and Rehabilitation Act of 2016 (Prop. 57). Canady asserted the California Department of Corrections and Rehabilitation’s (CDCR) regulation implementing Prop. 57 was inconsistent with the Proposition. The CDCR regulation did not consider conduct credits inmates earned while incarcerated in the calculation of inmates’ nonviolent early parole eligible dates. The superior court agreed with Canady and invalidated the Department’s regulation as contradicting the stated purposes of the Proposition.

The Attorney General appealed from the superior court’s order, arguing that the regulation is consistent with and authorized by the plain language of Prop. 57, which grants broad discretion. The Court of Appeal agreed and reversed the order.