People v. Guzman (Cal. Ct. App., Oct. 22, 2025, No. G065309) 2025 WL 2972244, at *1 Summary: The Legislature passed Assembly Bill No. 3070 (effective January 1, 2021), codified at Code of Civil Procedure section 231.7, (section 231.7), because it found the procedures of Batson v. Kentucky (1986) 476 U.S.…
San Francisco Criminal Lawyer Blog
Claims under Racial Justice Act at Trial Forfeited if no Objection made
THE PEOPLE, Plaintiff and Respondent, v. BRANDON DUANE WAGSTAFF, Defendant and Appellant. (Cal. Ct. App., June 12, 2025, No. H050597) 2025 WL 2938987, at *1, review denied (Oct. 15, 2025) Summary: Wagstaff was found guilty of felony false imprisonment and related offenses arising out of a domestic violence incident. He…
Recall and Resentencing of indeterminate Third Strike Sentences Is Constitutional
THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SANTA BARBARA COUNTY, Respondent; EDGARDO ORTIZ GUEVARA, Real Party in Interest. (Cal., Oct. 9, 2025, No. S283305) 2025 WL 2860065, at *1–2 Summary: In 2009, Guevara was sentenced to an indeterminate term of 28 years to life following his third strike conviction,…
Defendant may be excused from personal appearance at trial readiness conference
People v. United States Fire Insurance Company (Cal. Ct. App., Oct. 1, 2025, No. D085717) 2025 WL 2792119, at *1–3 Summary: United States Fire Insurance Company (United) appeals from a trial court order denying its motion to set aside summary judgment on a bail bond forfeiture. United claims that because…
A trial is “in progress” when the judge overseeing the other trial is available and ready to try the case to conclusion, and the parties are ready to proceed
Hernandez v. Superior Court of City and County of San Francisco (Cal. Ct. App., Sept. 24, 2025, No. A173010) 2025 WL 2726476, at *1 Summary: In Burgos v. Superior Court (2012) 206 Cal.App.4th 817 (Burgos), the Court of Appeal analyzed Penal Code section 1050, subdivision (g)(2) (Section 1050(g)(2)) which allows…
No minimum service requirement under Penal Code section 1001.80i is required for military diversion
Angulo v. Superior Court of Riverside County (Cal. Ct. App., Sept. 16, 2025, No. E085719) 2025 WL 2650050, at *1 Summary: Angulo was charged by the Riverside County District Attorney’s office (the People) with misdemeanor driving under the influence per Vehicle Code sections 23152, subdivisions (a) and (b). Angulo entered…
Removing a strike for eligibility for elder parole is improper
People v. Mills (Cal. Ct. App., Sept. 9, 2025, No. 2D CRIM. B334998) 2025 WL 2601940, at *1–2 Summary: Mills, a convicted “three striker,” with a life sentence wanted eligibility for “elderly parole.” Elderly parole allows the Board of Parole Hearings, to review the parole suitability of any inmate who…
Eligibility for misdemeanor military diversion
Segura v. Superior Court of Orange County (Cal. Ct. App., Sept. 2, 2025, No. G065079) 2025 WL 2505320, at *1–2 Summary: Military diversion for misdemeanors “A defendant charged with a misdemeanor is eligible for diversion if both of the following apply: (1) The defendant was, or currently is, a member…
Sixteen-year delay between filing of a felony complaint and arraignment resulted in prejudice outweighing any justification
VICTOR MICHAEL ARRIAGA, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest. (Cal. Ct. App., Aug. 29, 2025, No. B340795) 2025 WL 2490639, at *1 Summary: Arriaga petitioned for a peremptory writ of prohibition directing the trial court to grant his motion to…
Juvenile’s 44 year to life sentence was not the functional equivalent of LWOP under section 1170(d)(1)(A).
People v. Baldwin (Cal. Ct. App., Aug. 27, 2025, No. F088265) 2025 WL 2462748, at *1–2 Summary: Baldwin was sentenced to 44 years to life. In 2024, he petitioned for resentencing relief under Penal Code section 1170, subdivision (d) (section 1170(d))1 and pursuant to People v. Heard (2022) 83 Cal.App.5th…