People v. Barooshian (Cal. Ct. App., Apr. 16, 2024, No. D081050) 2024 WL 1629664, at *1 Summary: Barooshian was convicted him of murder (Pen. Code, § 187, subd. (a)) under a Watson murder theory. In People v. Watson (1981) 30 Cal.3d 290, (Watson), the California Supreme Court concluded that a…
Articles Posted in DUI
Misdemeanor DUI is Eligible for Mental Health Diversion
Persiani v. Superior Court, 2024 WL 833043 (Cal.App. 4 Dist.), 1 Summary: A trial court has authority under Penal Code section 1370.01, subdivision (b)(1)(A) to order treatment through mental health diversion for a mentally incompetent misdemeanor defendant charged with driving under the influence. Persiani was charged in four misdemeanor cases…
No exigent circumstances for warrantless blood draw from unconscious driver suspected of DUI 90 minutes after accident
The PEOPLE, Plaintiff and Respondent, v. Francisco Andres ALVAREZ, Defendant and Appellant. 2023 WL 9014911 (Cal.App. 4 Dist.), 1 Summary: In Mitchell v. Wisconsin (2019) 588 U.S. –––– [139 S.Ct. 2525] (Mitchell), the United States Supreme Court held when a “driver is unconscious and therefore cannot be given a breath…
A defendant accused of fleeing the scene under cannot rely on voluntary intoxication to negate required knowledge of the accident
People v. Suazo (Cal. Ct. Appl., Sept. 19, 2023, No. F082140) 2023 WL 6118736, at *1 Summary: Suazo while having an elevated blood-alcohol level, drove his 2008 Ford Focus at a high rate of speed off the highway, through a fence, and into agricultural equipment parked in an adjacent yard.…
DUI murder conviction under implied malice is not eligible for resentencing under PC 1172.6
THE PEOPLE, Plaintiff and Respondent, v. VONDETRICK CARR, Defendant and Appellant. (Cal. Ct. App., Apr. 7, 2023, No. E079368) 2023 WL 2820859, at *1 Summary: Carr drove drunk with four children in his car, hitting a pickup truck. One of the children was killed and Carr was convicted of second…
Arrest For DUI And Release On Notice To Appear Does Not Constitute Restraint For Right To Speedy Trial
People v. Buchanan (Cal. Ct. App., Nov. 8, 2022, No. H049838) 2022 WL 16828900, at *1 Summary: The Sixth Amendment guarantees an accused in a criminal prosecution the right to a speedy trial. The issue is whether a person cited and released on a written promise to appear under Penal…
Appellate Court Holds DUI Ineligible for Diversion
THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; JESSICA ORTIZ, Real Party in Interest. (Cal. Ct. App., July 28, 2022, No. E077594) 2022 WL 2981170, at *1–2 Summary:Penal Code section 1001.95 authorizes superior court judges to offer pretrial diversion, over the prosecution’s objection, to persons being prosecuted…
Impairment from marijuana while driving supports implied malice for murder
People v. Murphy (Cal. Ct. App., May 25, 2022, No. B306773) 2022 WL 1673827, at *1 Summary: Murphy appealed his three convictions for second degree murder. (Pen. Code, § 187, subd. (a).). The court sentenced him to three concurrent terms of 15 years to life in prison, Murphy argued that…
Appellate Court Holds Misdemeanor DUI not eligible for Diversion under Penal Code section 1001.95
ALICIA URBIETA ISLAS, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest. (Cal. Ct. App., May 20, 2022, No. H049445) 2022 WL 1597051, at *1–3 Summary: Islas was charged with misdemeanor driving under the influence of alcohol (DUI). (Veh. Code, § 23152, subds.…
Diversion not available for misdemeanor drunk driving
Grassi v. Superior Court of Orange County (Cal. Ct. App., Dec. 28, 2021, No. G060362) 2021 WL 6124764, at *1 Summary: Grassi filed a petition for writ of mandate after the trial court concluded that she was statutorily ineligible for misdemeanor diversion. Grassi claims that Penal Code section 1001.95’s plain…