People v. Medrano, 2019 WL 6487272 (Cal.App. 5 Dist.), 21 (Cal.App. 5 Dist., 2019) Natural and probable consequences doctrine and attempted murder The Fifth District Court of Appeal held that Senate Bill 1437 not only abrogated the natural and probable consequences doctrine to murder charges but attempted murder charges also.…
People v. Tran, 2019 WL 5958335 (Cal.App. 4 Dist.) (Cal.App. 4 Dist., 2019) Background: Robert Tran was convicted of reckless driving, in violation of Vehicle Code section 23103, subdivision (a) and was sentenced to three years’ probation with 30 days in custody. Tran appealed the trial court’s denial of his…
In re Jeremiah S. (Cal. Ct. App., Oct. 18, 2019, No. A155856) 2019 WL 5302782, at *1–7 The robbery, detention, pat search and arrest arrest of Jeremiah S. On July 2, 2018, Ornin Gosuwin was carrying a shoulder bag and holding an iPhone as she walked on Spear Street toward…
History of San Francisco County Jail #4 The San Francisco County Jail at 850 Bryant St. is formally known as County Jail #4 is described by the Sheriff’sDepartment as “a traditional linear jail facility located on the 7th floor of the Hall of Justice. This jail is the maximum security…
People v. Lee, No. D073740, 2019 WL 4871480, at *3–10 (Cal. Ct. App. Oct. 3, 2019) Vehicle stop and warrantless search of the vehicle In 2017 San Diego Police Officers Robles and Cooper stopped a gold-colored Cadillac DeVille with no front license plate and tinted windows in violation of Vehicle…
People v. Bay, 2019 WL 4564854 (Cal.App. 1 Dist.), 1 (Cal.App. 1 Dist., 2019) The Stop and Search A Napa County Sheriff’s deputy was on patrol at 2:00 a.m. on September 9, 2017, when he noticed a Cadillac SUV parked illegally near a popular overlook. The deputy approached and saw…
People v. Millan Rodriguez, 2019 WL 3852665 (Cal.App. 4 Dist.) Vacating a conviction because of inability to understand immigration consequences (Penal Code Section 1473.7) On January 1, 2017, Penal Code section 1473.7 went into effect. It allows a defendant to challenge a conviction based on a guilty plea where prejudicial…
Marinelarena v. Barr, 2019 WL 3227458; (9th Cir. July 18, 2019) Immigrants with drug convictions are eligible for immigration relief when the record of conviction is vague as to the type of controlled substance. Conviction for conspiracy to sell and transport a controlled substance Marinelarena, a native and citizen of…
United States v. Haymond (2019) ___U.S.___ [139 S.Ct. 2369], 2019 U.S. LEXIS 4398; No. 17-1672 Supreme Court of the United States,, Decided June 26, 2019. Imposition of a new and higher mandatory prison term for a parole violation requires jury trial After serving a prison sentence of 38 months for…
Californians with criminal records face obstacles and barriers to employment. For example, Uber has announced more intense screening of its drivers, including background checks every two years and checks on new criminal and DUI charges. But recent laws limit how employers may use an applicant’s criminal history and open licensed…