People v. Grajeda (Cal. Ct. App., June 3, 2025, No. B337664) 2025 WL 1564615, at *1 Summary: In 2012 a jury found Grajeda guilty of first degree murder and possession of a firearm by a felon. The jury also found true gang and firearm allegations. The trial court found true…
Articles Posted in New Criminal Case Law
Resentencing entitles defendant to full resentencing review to consider new ameliorative laws
People v. Duenas (Cal. Ct. App., May 27, 2025, No. B335274) 2025 WL 1502018, at *1 Summary: In 2011, a jury convicted Robert Duenas of assault with a semiautomatic firearm, and it found true gang, firearm, and great bodily injury enhancements. The trial court sentenced Duenas to 23 years in…
Low Threshold to Meet the Plausible Justification Standard Under RJA Discovery
McDaniel v. Superior Court of San Mateo County (Cal. Ct. App., May 19, 2025, No. A171858) 2025 WL 1428762 Summary: McDaniel, a Black individual, alleges he was disparately charged with gang enhancements due to his race, ethnicity, or national origin in violation of the California Racial Justice Act of 2020.…
Order prohibiting possession of any dangerous weapon is over broad
People v. Horton (Cal. Ct. App., May 13, 2025, No. B337373) 2025 WL 1378482, at *1 Summary : Horton was convicted of stalking and making criminal threats against Seiko H. He was acquitted of making criminal threats against Seiko’s father, John H. At sentencing, the trial court issued a 10-year…
Imperfect self defense fails when excessive force used
People v. Temple (Cal. Ct. App., May 6, 2025, No. G062781) 2025 WL 1304577, at *1 Summary: A jury found Temple not guilty of first degree murder (Pen. Code, §§ 187, subd. (a), 189, subd. (a)) but guilty of the lesser included offense of second degree murder (§ 189, subd.…
Malice Was Not Necessarily Required by Non-Provocateur Accomplice Under the Provocative Act Murder Doctrine
People v. Antonelli (Cal., Apr. 24, 2025, No. S281599) 2025 WL 1249609, at *1 Summary: In 1991, a jury convicted Antonelli of first degree murder under the provocative act doctrine based on his role in a home invasion robbery during which one of his accomplices was killed by a victim.…
Attempted manslaughter is eligible for relief under section 1172.6
People v. Luu (Cal. Ct. App., Apr. 24, 2025, No. G063066) 2025 WL 1189508, at *1–2 Summary: In 2001, Phuoc Thien Luu was 17 years old when he participated in an attempted home invasion robbery with three other men. One of the men shot the homeowner who survived Police later…
Conviction overturned where jury could find defendant guilty of second-degree murder without finding that he acted with malice
People v. Virgen (Cal. Ct. App., Apr. 7, 2025, No. B333314) 2025 WL 1032450 Summary: Virgen was convicted of second-degree murder and was sentenced to 15 years to life in prison. The Court of Appeal held that: Thr trial court committed instructional error when it used two pattern jury instructions…
Ex felon in possession of flare gun in not in possession of a weapon
People v. Gomez (Cal. Ct. App., Apr. 7, 2025, No. H051210) 2025 WL 1024681, at *1 Summary: Police found a flare gun in Gomez’s possession. Based on an officer’s testimony describing the flare gun, the trial court found Gomez guilty of possessing a firearm as a felon under Penal Code…
Statements made at Parole Hearing are admissible at resentencing hearing
People v. Rodriguez (Cal. Ct. App., Apr. 7, 2025, No. B332704) 2025 WL 1023731, at *1 Summary: Rodriguez appealed from an order denying his petition for resentencing under Penal Code section 1172.6, contending that the trial court erred in admitting statements he made in a letter to the Board of…