San Francisco Criminal Lawyer Blog

Citation: People v. SanMiguel (Cal., July 30, 2026, No. S287786) 2026 WL 2195752.

Summary: The Court clarified that when a party strikes a potential juror for BEHAVIOR-BASED REASONS under section 231.7(g)–historically connected to racial stereotypes and implicit bias, the trial court must first CONFIRM the observed behavior and then require the striking party to EXPLAIN its relevance to the case (race-neutral reason) in order to overcome the presumption of invalidity for behavior-based reasons.The trial court here failed to get an explanation from the DA. Attempted murder conviction and life sentence reversed and remanded.

Facts

Sua v. Superior Court of San Diego County (Cal. Ct. App., July 16, 2026, No. D087742) 2026 WL 2056609.

Facts and Procedural Posture

Miguel Sua and Alexander Guthrie, defendants in separate felony cases, sought pretrial mental health diversion under Penal Code section 1001.36. The prosecution moved under Penal Code section 1054.3(b)(1) to compel each defendant to submit to a mental examination by a prosecution expert. The superior court granted the motions, and the defendants petitioned for writ relief.

People v. Cofer (Cal., June 25, 2026, No. S286297) 2026 WL 1830928, at *1

Summary: After a plea agreement, Cofer was sentenced at a single hearing on five separate pending criminal cases. Cofer had been in presentence custody for extended periods in some of these cases and for shorter periods in others. The trial court awarded Coffey custody credits in each case that reflected the time he spent in custody in that specific case. The Court of Appeal agreed with defendant that under Penal Code section 2900.5, he should receive presentence custody credits in each of his five cases for all the time he served in custody on any of these cases, except for custody time that preceded his arrest in a particular case. (People v. Cofer (2024) 103 Cal.App.5th 333, 341–342, 322 Cal.Rptr.3d 891 (Cofer).) The Court of Appeal held that the resolution of these cases through a single sentencing hearing meant that they all involved the same “proceedings” for purposes of section 2900.5, subdivision (b), under which “the custody to be credited” against a sentence must be “attributable to proceedings related to the same conduct for which the defendant has been convicted.” (See Cofer, at p. 341, 322 Cal.Rptr.3d 891.) This interpretation of the statute would result in Cofer receiving more than 300 additional days of custody credit on his six-year term, compared to credits awarded by the trial court.

The California Supreme Court disagreed with the Court of Appeal’s interpretation of section 2900.5 and concluded that “proceedings,” as used in section 2900.5, subdivision (b), is properly understood as referring to an individual criminal case. Therefore, custody credit is not automatically applied across multiple, distinct prosecutions merely because those cases are resolved and sentenced at a single hearing. Here, the trial court correctly interpreted the statute in awarding credits in each case for the time defendant spent in custody in that matter, rather than awarding him credit in each case for time served in other cases. The Supreme Court reversed the judgment of the Court of Appeal.

People v. Brim (Cal. Ct. App., June 17, 2026, No. A170747) 2026 WL 1746369, at *1

Summary: Brim boarded a BART train and got into fight with another passenger, Williams, during it Williams drew a knife and attempted to stab Brim. Brim gained control of the knife, fatally stabbed Williams in the head and neck, and ran from the train. The fight was captured on two BART surveillance cameras.

Brim was charged with murder and tried by jury, where he testified that he had acted in self-defense. The jury found him guilty of second degree murder and he was later sentenced to 16 years to life in prison. Brim asserted that the trial court erred in: instructing the jury with CALCRIM No. 3474 regarding the right to self-defense, and in responding to the jury’s question about that instruction during its deliberations. The Court of Appeal held that the trial court prejudicially erred in responding to the jury’s question regarding CALCRIM No. 3474, and reversed Brim’s murder conviction. The Court also concluded that there was substantial evidence to support that conviction, so People may retry Brim for murder. If they elect not to do so, the Court directed that the judgment be modified to reflect a conviction for voluntary manslaughter.

THE PEOPLE, Plaintiff and Respondent, v. JOSEPH CHARLES RUSSO, Defendant and Appellant. (Cal. Ct. App., May 22, 2026, No. C103388) 2026 WL 1459441, at *1

Summary: Russo appealed the trial court’s denial of his request for mental health diversion. (See Pen. Code,2 § 1001.36.) The Court of Appeal affirmed in a published decision.

Russo was charged with dissuading a witness by force or threat, cruelty to an animal, and possession of drug paraphernalia. He had a prior strike for first degree burglary in 2013.

People v. Bankston (Cal., June 1, 2026, No. S044739) 2026 WL 1530539, at *1

Summary: This appeal is automatic from a death sentence.

The California Supreme Court finds that the penalty phase in this case violated the California Racial Justice Act of 2020, Penal Code section 745, subdivision (a), and requires reversal of the judgment of death.