People, v Paul 318 Cal.Rptr.3d 142 Summary: Paul pleaded no contest to possession of a firearm with a prior violent conviction (Pen. Code, § 29900, subd. (a)(1)) after the trial court denied his motion to suppress evidence of a firearm pursuant to Penal Code section 1538.5. Paul argues that the…
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A remittitur for a new trial is filed when received by the court clerk and starts the 60 day speedy trial right
Adam WALSWORTH, Petitioner, v.The SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; The People, Real Party in Interest.C098517; Filed December 20, 2023 2023 WL 8797474 (Cal.App. 3 Dist.), 1 Summary: The Court of Appeal directed the respondent court to issue an order granting Walsworth’s motion to dismiss his case. He was denied…
Seven minute detention for traffic stop was not unlawfully prolonged
People v. Esparza (Cal. Ct. App., Aug. 28, 2023, No. D080703) 2023 WL 6224964, as modified (Sept. 26, 2023) Summary: Esparza was pulled over for a Vehicle Code violation, a detective who specializes in gang enforcement recognized him and two of his passengers as gang members. The detective thought one…
Court applied wrong standard in denying Veteran mental health diversion
THE PEOPLE, Plaintiff and Respondent, v. THOMAS WHITMILL, Defendant and Appellant. (Cal. Ct. App., Dec. 23, 2022, No. B318582) 2022 WL 17883593 Summary: Sixty-one-year-old Whitmill appealed the denial of his pretrial motion for mental health diversion of his criminal prosecution. He argued that because he is an honorably discharged veteran…
Cal. Penal Code §§ 25400(A)(1), §§ 25850(A), and 25850(C)(6) are likely invalid under US Supreme Court decision in BRUEN which makes public carrying of firearms presumptively legal
The United States Supreme Court decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen (2022) 142 S. Ct. 2111 renders possession of a concealed firearm and criminalizing carrying a loaded firearm on your person or in a vehicle in any public place or on a public street…
Driving while impaired from marijuana supports 2nd degree murder conviction
People v. Murphy (Cal. Ct. App., June 30, 2022, No. B306773) 2022 WL 2352782, at *1 Summary:Murphy appealed from his three convictions for second degree murder. (Pen. Code, § 187, subd. (a).).1 Murphy argued that evidence supporting his convictions is insufficient because the prosecution failed to prove he acted with…
Proposition 57 Applies to Resentencing
People v. Padilla (Cal., May 26, 2022, No. S263375) 2022 WL 1672203, at *1 Summary: In 2016, California voters passed Proposition 57, a measure that amended the law governing the punishment of juvenile offenses in adult criminal court by requiring hearings to determine whether the offenses should instead be heard…
Appellate Court Holds Misdemeanor DUI not eligible for Diversion under Penal Code section 1001.95
ALICIA URBIETA ISLAS, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest. (Cal. Ct. App., May 20, 2022, No. H049445) 2022 WL 1597051, at *1–3 Summary: Islas was charged with misdemeanor driving under the influence of alcohol (DUI). (Veh. Code, § 23152, subds.…
Belief criminal justice system treats African Americans unfairly not grounds for juror exclusion
People v. Henderson (Cal. Ct. App., May 11, 2022, No. C088883) 2022 WL 1485820, at *1 Summary: Henderson was convicted of one count of second degree murder (Pen. Code, § 187)1 and one count of attempted murder (§§ 664/187) and found true enhancement allegations that defendant personally discharged a firearm…
Resisting a police officer is not a lesser included offense of wanton disregard while fleeing
THE PEOPLE, Plaintiff and Respondent, v. RODRIGO FUENTES, JR., Defendant and Appellant. (Cal. Ct. App., May 12, 2022, No. E075745) 2022 WL 1498334, at *1 Summary:Fuentes was convicted of both : (1) fleeing a police officer while driving with a willful or wanton disregard for the safety of persons or…