People v. Flores (Cal. Ct. App., Feb. 11, 2026, No. A171602) 2026 WL 378414, at *1 Summary: Flores pleaded no contest to felony possession of fentanyl for sale and was sentenced to two years of formal probation with a condition permitting warrantless searches of Flores’s electronic devices. On appeal, Flores…
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Requiring an advisory that it is a crime of file a false allegation of police misconduct violates free speech
LOS ANGELES POLICE PROTECTIVE LEAGUE, Plaintiff and Respondent, v. CITY OF LOS ANGELES et al., Defendants and Appellants. (Cal., Jan. 21, 2026, No. S275272) 2026 WL 171531, at *1–4 Summary: California requires law enforcement agencies to investigate complaints against peace officers. (See Pen. Code, § 832.5, subd. (a)(1).) Penal Code…
Courts must consider a Defendant’s inability to pay before imposing payments
People v. Kopp (Cal., Dec. 29, 2025, No. S257844) 2025 WL 3755596, at *1–5 Summary: Co-defendant Hernandez challenged various punitive fines, along with other ancillary costs, ordered as part of a criminal sentencing. The California Supreme Court held that a challenge to the amount of a criminal fine should initially…
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…
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…
Prisoner has right to consult with his attorney at resentencing hearing
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…
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.…
Defendant seeking dismissal for a speedy trial violation under the state constitution must affirmatively demonstrate prejudice
People v. Martinez (Cal. Ct. App., Feb. 7, 2025, No. E082657) 2025 WL 429628 Summary: Martinez was charged with grand theft, acting as contractor without a license, requiring a downpayment in excess of $1,000, and unlawfully receiving payments in excess of the work performed, filed motion to dismiss based on…
Due Process Clause forbids the introduction of evidence so unduly prejudicial as to render a criminal trial fundamentally unfair
Andrew v. White (U.S., Jan. 21, 2025, No. 23-6573) 2025 WL 247502 Summary: Supreme Court’s decision in Payne v. Tennessee, 111 S.Ct. 2597, that Due Process Clause can in certain cases protect against introduction of unduly prejudicial evidence at criminal trials, was a “holding,” for purposes of federal habeas review…
A gun does not need to be loaded to commit assault with a firearm
People v. Lattin (Cal. Ct. App., Dec. 18, 2024, No. D083262) 2024 WL 5153046, at *1 Summary: Lattin contends a gun must be loaded to commit assault with a firearm unless it is used as a club or bludgeon. (Pen. Code, § 245, subd. (a)(4).) He argues that the present…