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Prosecution Must Justify a Delay in Charging a Defendant When Prejudice Has Been Shown

Dickerson v. Superior Court of Alameda Cty., 40 Cal. App. 5th Supp. 1, 252 Cal. Rptr. 3d 871, 874–82 (Cal. App. Dep’t Super. Ct. 2019) Petitioners contend that delays in charging each of them resulted in a deprivation of due process rights under the California Constitution. In both cases, the…

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Receiving a Stolen Vehicle Valued at $950 or Less May be Treated as a Misdemeanor under Prop. 47

People v. Wehr, No. E070345, 2019 WL 5166227, at *1–8 (Cal. Ct. App. Oct. 15, 2019) Proposition 47 and Receipt of Stolen Property The Safe Neighborhoods and Schools Act (Proposition 47) amended Penal Code § 496 so that receiving any stolen property worth $950 or less is a misdemeanor. (§…

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Suppression Of Illegally Obtained Evidence Cannot Be Litigated On A Motion To Dismiss Under Section 991

Barajas v. Appellate Division of Superior Court of Los Angeles County, 2019 WL 4894231 (Cal.App. 2 Dist.) (Cal.App. 2 Dist., 2019) Arraignment on Misdemeanor charge of carrying a dirk or dagger Eliseo Barajas was arrested and arraigned on a misdemeanor charge of carrying a dirk or dagger. Barajas sought to…

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Franklin Proceedings available to juvenile lifers sentenced after People v. Franklin (2016) was decided.

THE PEOPLE, Plaintiff & Respondent, v. MICHAEL DAMION JUDE MEDRANO, Defendant & Appellant, No. E070042, 2019 WL 4894333 (Cal. Ct. App. Oct. 4, 2019) Medrano sentenced to life at age 19 Michael Damion Jude Medrano was 19 years old when he committed the crimes of one count of first degree…

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Aider and abettor found guilty of felony-murder special circumstance is not eligible for re-sentencing under SB 1437

People v. Gutierrez-Salazar, 38 Cal. App. 5th 411, 251 Cal. Rptr. 3d 178 (Ct. App. 2019), reh’g denied (Aug. 30, 2019) Defendant Dionicio Gutierrez-Salazar was by a jury of two murders for homicides committed in 2013 and 2015. As to the 2013 homicide, defendant was convicted of first degree murder…

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Hearsay Admissible to Deny Dismissal or Reduction of Marijuana Convictions under Proposition 6

People v. Hall, No. 2D CRIM. B292330, 2019 WL 4267761 (Cal. Ct. App. Sept. 10, 2019) Proposition 64 and reduction of marijuana convictions Proposition 64, an initiative measure known as “the Control, Regulate and Tax Adult Use of Marijuana Act,” amended section 11360 and added new sections 11361.8 and 11362.1.…

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Paramount Duty of Prosecutors is to Provide a Fair Trial-Not Obtain Convictions

People v. Force, No. G055482, 2019 WL 4071849 (Cal. Ct. App. Aug. 29, 2019)   Denial of Fair Trial Appellant Steven Force, a sexually violent predator receiving treatment at a state mental hospital for pedophilia and exhibitionism challenged the trial court’s order denying his petition to be placed in a…

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Counsel Must Be Appointed on Immigration Motion to Vacate a Conviction

People v. Millan Rodriguez, 2019 WL 3852665 (Cal.App. 4 Dist.) Vacating a conviction because of inability to understand immigration consequences (Penal Code Section 1473.7) On January 1, 2017, Penal Code section 1473.7 went into effect. It allows a defendant to challenge a conviction based on a guilty plea where prejudicial…

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Flight in a high crime area does not give police probable cause to detain

(People v. Flores (Aug. 12, 2019, No. G055861) ___Cal.App.5th___ [2019 Cal. App. LEXIS 740, at *1].) Gang Investigation Leads to Detention A team of Huntington Beach police officers investigating the “Looney Tunes Crew,” also known as the “LTK” street gang, saw the defendant in an area where they knew criminal…

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Requiring a DUI suspect to perform field sobriety tests does not violate the Fifth Amendment

People v. Cooper (July 18, 2019, No. B286201) ___Cal.App.5th___ [2019 Cal. App. LEXIS 648]. A jury convicted defendant and appellant Sheila Cooper of driving under the influence of alcohol causing injury within 10 years of a prior driving under the influence offense. On appeal, Cooper contends the trial court erred…

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