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…
Articles Posted in New Criminal Case Law
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…
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…
Eligibility for misdemeanor military diversion
Segura v. Superior Court of Orange County (Cal. Ct. App., Sept. 2, 2025, No. G065079) 2025 WL 2505320, at *1–2 Summary: Military diversion for misdemeanors “A defendant charged with a misdemeanor is eligible for diversion if both of the following apply: (1) The defendant was, or currently is, a member…
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…
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…
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…
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…
Statute making possession of a”sharp instrument” in prison is not unconstitutionally vague
People v. Valle (Cal. Ct. App., July 14, 2025, No. 2D CRIM. B338909) 2025 WL 1922434, at *1 Summary: A California prisoner who had a 14-inch by 1-inch hard non-flexible piece of plastic, sharpened to a point, poses a danger to other prisoners and prison officials. Possession of this lethal…
Sufficient doubt that a defendant was intellectually disabled requires the appointment of the the regional center director to determine developmental disability
People v. Lara (Cal. Ct. App., July 16, 2025, No. F086534) 2025 WL 1970660, at *1 Summary: Lara was convicted by a jury of first degree murder and sentenced to 25 years to life. During pretrial proceedings, defense counsel raised a doubt as to Lara’s competency to stand trial, so…