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Evidence of mitigation for youthful offenders ordered by Court of Appeal

THE PEOPLE, Plaintiff and Respondent, v. KEANDRE DION WINDFIELD et al., Defendants and Appellants. (Cal. Ct. App., Dec. 20, 2019, No. E055062) 2019 WL 6974388 Facts: Defendants Harquan Johnson and KeAndre Windfield were each convicted of one count of murder and one count of attempted murder, and assault with a…

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Defendant must pay funeral expenses for his victim who died during a fight

THE PEOPLE, Plaintiff and Respondent, v. TYRON JACOB TROUT-LACY, Defendant and Appellant. (Cal. Ct. App., Dec. 13, 2019, No. C1882419) 2019 WL 6816928 Summary: Tyron Jacob Trout-Lacy (defendant) fought with his victim, who was high on methamphetamine and had heart disease. Trout-Lacey punched the victim in the face multiple times…

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Police need a warrant to enter a home when shots are fired in a high crime area

THE PEOPLE, Plaintiff and Respondent, v. ADAN RUBIO, Defendant and Appellant. (Cal. Ct. App., Dec. 12, 2019, No. A152455) 2019 WL 6797405 Summary: Police may not break down a door and enter an apartment when the owner refuses to invite them in to investigate after shots were fired in a…

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SB 1437 applies to attempted murder convictions based on the natural and probable consequences doctrine

People v. Medrano, 2019 WL 6487272 (Cal.App. 5 Dist.), 21 (Cal.App. 5 Dist., 2019) Natural and probable consequences doctrine and attempted murder The Fifth District Court of Appeal held that Senate Bill 1437 not only abrogated the natural and probable consequences doctrine to murder charges but attempted murder charges also.…

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Pre-trial defendants in county authorized home-detention programs are entitled to custody credits  

People v. Yanez (Cal. Ct. App., Nov. 15, 2019, No. A156074) 2019 WL 6043474 While awaiting trial, the court had imposed home detention subject to electronic monitoring as a condition of reducing Yanez’s bail from $480,000 to $100,000. Yanez had spent 555 days on electronic home detention, in a program…

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Appeal of suspension after DMV Hearing finds DMV acted properly

Evans v. Shiomoto (Cal. Ct. App., Oct. 21, 2019, No. D073969) 2019 WL 5886970, at *1–7 The DUI stop, arrest and suspension Evans was pulled over for driving with his off-road-only lights illuminated while on a “highway,” in violation of Vehicle Code section 24411. The officer observed signs of intoxication…

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Public Defender cannot be appointed on People’s appeal of  a suppression order in a misdemeanor case

Gardner v. Appellate Division of Superior Court of San Bernardino County (Cal. Ct. App., Nov. 12, 2019, No. E066330) 2019 WL 5886241, at *1–4 Right to appointed counsel on appeal in a misdemeanor case  The California Supreme Court held that, when the People appeal from a suppression order in a…

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Trial court erred in dismissing re-sentencing petition for felony murder

Trial court erred in dismissing re-sentencing petition for felony murder People v. Ramirez, 2019 WL 5387737 (Cal.App. 2 Dist.), 5 (Cal.App. 2 Dist., 2019) Not Reported in Cal.Rptr., 2019 WL 5387737 Summary: Raymond Salvador Ramirez (defendant) appealed from the summary denial of his petition filed pursuant to Penal Code section…

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Police cannot automatically conduct a pat down search of a robbery suspect for weapons

In re Jeremiah S. (Cal. Ct. App., Oct. 18, 2019, No. A155856) 2019 WL 5302782, at *1–7  The robbery, detention, pat search and arrest arrest of Jeremiah S. On July 2, 2018, Ornin Gosuwin was carrying a shoulder bag and holding an iPhone as she walked on Spear Street toward…

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A complaint dismissed for prosecutorial vindictiveness cannot be refiled

People v. Sanchez, 2019 WL 5304531 (Cal.App. 1 Dist.) (Cal.App. 1 Dist., 2019) Summary: Angel Sanchez (Sanchez) was charged by re-filed complaint with robbery, assault with a deadly weapon on a transit passenger, and receiving stolen property. The  magistrate granted Sanchez’s  motion to dismiss the complaint for prosecutorial vindictiveness,  The…

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