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Articles Posted in New Criminal Case Law

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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…

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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…

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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…

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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…

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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.…

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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…

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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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