People v. Cervantes (2025) 115 Cal.App.5th 825 [338 Cal.Rptr.3d 309], as modified on denial of reh’g (Nov. 24, 2025) Summary: Cervantes filed a motion for “rehearing” of denial of a petition for sentence recall and resentencing, based on statutory amendment adding convictions for attempted murder to crimes for which resentencing…
Articles Posted in New Criminal Case Law
Unpaid restitution is not grounds to deny expungement of a conviction
THE PEOPLE, Plaintiff and Respondent, v. HAYLEY MACKENZIE MURPHY, Defendant and Appellant. (Cal. Ct. App., Nov. 21, 2025, No. A172224) 2025 WL 3250744, at *1–2 Summary: Murphy filed to expunge her conviction under Penal Code section 1203.4 and reduce her felony conviction to a misdemeanor under section 17.1 The trial…
DUI Causing Injury Is Not a Lesser Included Offense of Gross Vehicular Manslaughter While Intoxicated When the Victims Are Different
People v. Demacedo (Cal. Ct. App., Nov. 12, 2025, No. A170580) 2025 WL 3169575, at *1–4 Summary: Demacedo was convicted of three counts of gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)) for the death of three victims, as well as felony violations of Vehicle Code section…
Failure to file brief in mitigation at resentencing hearing is ineffective assistance of counsel
THE PEOPLE, Plaintiff and Respondent, v. JUAN PEDRO GUEVARA, Defendant and Appellant. (Cal. Ct. App., Oct. 31, 2025, No. A170530) 2025 WL 3043419, at *1 Summary: In 2011, Guevara was found guilty of assault and other offenses after he attacked and threatened a witness in a murder investigation, and he…
No Full Resentencing Is Warranted When Vacating Restitution
In re ROBIN MATTISON on Habeas Corpus. (Cal. Ct. App., Nov. 7, 2025, No. E085614) 2025 WL 3122934, at *1–2 Summary: A new statute that makes a criminal defendant’s restitution fine uncollectible 10 years after imposition does not require full resentencing because his sentence, is altered, BACKGROUND In 2008, a…
Impaired driver can be charged with murder even if vehicle is stopped
Nevarez v. Superior Court of San Diego County (Cal. Ct. App., Oct. 27, 2025, No. D085897) 2025 WL 3002064, at *1 Summary: Nevarez drove while intoxicated and caused a collision that resulted in the death of a motorcyclist. The motorcyclist struck Nevarez’s SUV minutes after it was disabled on the…
The Deemed Prejudicial Standard of Section 231.7 Applies Only to Denials of Objections to Peremptory Challenges
People v. Guzman (Cal. Ct. App., Oct. 22, 2025, No. G065309) 2025 WL 2972244, at *1 Summary: The Legislature passed Assembly Bill No. 3070 (effective January 1, 2021), codified at Code of Civil Procedure section 231.7, (section 231.7), because it found the procedures of Batson v. Kentucky (1986) 476 U.S.…
Claims under Racial Justice Act at Trial Forfeited if no Objection made
THE PEOPLE, Plaintiff and Respondent, v. BRANDON DUANE WAGSTAFF, Defendant and Appellant. (Cal. Ct. App., June 12, 2025, No. H050597) 2025 WL 2938987, at *1, review denied (Oct. 15, 2025) Summary: Wagstaff was found guilty of felony false imprisonment and related offenses arising out of a domestic violence incident. He…
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,…
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…