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…
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…
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…
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…
Superior Court does not have juisdiction to correct an unauthorized sentence once judgment is final Summary: Issue: When a superior court receives a letter the California Department of Corrections and Rehabilitation (CDCR) informing the court that the abstract of judgment for a defendant “may be in error,” does the court…
THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER SKAGGS, Defendant and Appellant. (Cal. Ct. App., Aug. 14, 2025, No. A170942) 2025 WL 2356066, at *1–2 Summary: Skaggs filed a motion to dismiss his parole revocation petition on due process grounds, which the trial court treated as a Penal Code section 1385…
People v. Harlow (Cal. Ct. App., July 5, 2025, No. D084252) 2025 WL 2218129, at *1 Eligibility for mental health eligibility To qualify for mental health diversion under Penal Code section 1001.36, criminal defendants must show they are both “eligible” and “suitable” for the program. Mental health diversion must be…
Criminal Justice Legal Foundation v. Department of Corrections and Rehabilitation (Cal. Ct. App., July 28, 2025, No. C100274) 2025 WL 2104730, at *1–2 Summary: In 2016, Proposition 57, the Public Safety and Rehabilitation Act of 2016 (Cal. Const., art. I § 32) amended the California Constitution to give the California…
People v. Benitez-Torres (Cal. Ct. App., July 23, 2025, No. G063400) 2025 WL 2057234, at *1 Summary: Under Penal Code section 1473.7, a person may move to have a guilty plea vacated if: (1) he did not meaningfully understand the immigration consequences of the guilty plea, and (2) he was…
People v. Valle (Cal. Ct. App., July 14, 2025, No. 2D CRIM. B338909) 2025 WL 1922434, at *1 Summary: A California prisoner who had a 14-inch by 1-inch hard non-flexible piece of plastic, sharpened to a point, poses a danger to other prisoners and prison officials. Possession of this lethal…