In re Matthew W. (Cal. Ct. App., July 8, 2021, No. A159931) 2021 WL 2850407, at *1 Summary: Matthew W. appealed from the juvenile court’s jurisdictional findings and dispositional order, in which the court sustained an allegation of assault with a deadly weapon and placed him on probation. On appeal,…
Articles Posted in New Criminal Case Law
Outstanding Warrant Exception to Exclusionary Rule Applied to Officer’s Illegal Detention of Defendant
People v. Kasrawi (Cal. Ct. App., June 16, 2021, No. D077139) 2021 WL 2451095 Summary: Kasrawi was stopped and ultimately arrested by a police officer who acted on no more than a hunch. The officer detained Kasrawi after watching him cross the street to his legally parked car. The officer…
Trial court must give notice and opportunity to be heard before recalling a sentence under 1170(d)
People v. Williams (Cal. Ct. App., June 17, 2021, No. E074162) 2021 WL 2472953, at *1–4 Summary: A trial court exercising its discretion pursuant to section 1170 of the Penal Code to recall a sentence and enter a reduced term must: (i) give the parties notice and an opportunity to…
Entry into a detached garage is not first degree burglary
Corona v. Superior Court for the City and County of San Francisco (Cal. Ct. App., June 21, 2021, No. A161369) 2021 WL 2525651, at *1 Summary: San Francisco police arrested Corona after he entered a freestanding garage located on the same property as a house. The People charged him with…
Sentencing a mentally disabled person to 63 years is not cruel and unusual punishment
People v. Brewer (Cal. Ct. App., June 7, 2021, No. C089676) 2021 WL 2309551 Summary: Brewer was convicted of second degree robbery, attempted second degree robbery, and felon in possession of a firearm, and sentenced to a determinate term of 63 years. Brewer appealed and contended that his sentence, which…
Case is not final if defendant is on probation with a suspended sentence
People v. Esquivel (Cal., June 17, 2021, No. S262551) 2021 WL 2461206, at *1–2 Summary: The California Supreme Court held that the judgment is not final in a case where defendant is placed on probation with imposition of sentence suspended if the defendant may still timely obtain direct review of…
What is excessive punishment under the constitution?
In re Palmer (2021) 10 Cal.5th 959 Summary: The California Supreme Court held that prisoners may challenge their continued incarceration as constitutionally excessive when the Board repeatedly denies parole. The Court had granted review in the case of Palmer who in 1988, was 17 years old when he pleaded guilty…
Warrantless search of cell phone seized from car left at a shooting upheld
People v. Tousant (Cal. Ct. App., May 26, 2021, No. A156044) 2021 WL 2134389 Summary: Tousant challenged the denial of his motion to suppress evidence downloaded from his cellphone, seized after an allegedly illegal search of his car left at the scene of an Oakland shooting. Tousant claimed the trial…
No dismissal of non-felony motor vehicle charges when defendant is charged in a single action and sentenced to prison
People v. Escareno (Cal. Ct. App., May 24, 2021, No. A160209) 2021 WL 2069434, at *1–4 Summary: Escareno pleaded no contest to two felonies, four misdemeanors and an infraction arising from a single incident of driving under the influence of alcohol and without a valid license. The trial court refused…
Prosecutor May Vacate Plea Bargain When Prison Priors Are Struck
People v. Houle (Cal. Ct. App., May 18, 2021, No. A159055) 2021 WL 1975277, at *1–5 Summary: Defendant was sentenced to a stipulated six-year prison term after a plea bargain where he pleaded no contest to one count of unlawfully possessing a concealed dirk or dagger pursuant to Penal Code…