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Articles Posted in New Criminal Case Law

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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,…

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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…

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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…

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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…

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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…

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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…

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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…

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Petition to Dismiss Parole Revocation on Due Process Grounds Must  be Considered by the Trial 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…

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Presumption of Mental Health Diversion Eligibility Must be Overcome by Substantial Evidence

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…

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