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San Francisco Criminal Lawyer Blog

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 Conviction of evading a police officer proximately causing death under Vehicle Code section 2800.3 is not entitled to relief under section 1172.6

 THE PEOPLE, Plaintiff and Respondent, v. RAFAEL CAMPBELL, Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent, v. ANTHONY B. PRICE, Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent, v. STEPHON ANTHONY, Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent, v. SAMUEL FLOWERS, Defendant and Appellant. (Cal. Ct. App., June 30,…

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Pretrial detention order must be based on individualized assessment

NICHOLAS YEDINAK, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; THE PEOPLE, Real Party in Interest. (Cal. Ct. App., June 23, 2023, No. E080685) 2023 WL 4144994 Summary: Yedinak petitioned for a writ of mandate challenging the trial judge’s order denying him bail. He argues the order fails to…

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Mental Health Diversion must be requested before attachment of jeopardy at trial or the entry of a guilty or no contest plea

People v. Braden (Cal., June 5, 2023, No. S268925) 2023 WL 3807557 Summary: Braden  was convicted by a jury of resisting an executive officer with force or violence, he then requested mental health diversion. The Superior Court denied his request and he appealed. The Court of Appeal affirmed. The Supreme…

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Taxpayer suit against San Francisco Courts for criminal trial delays to go forward

Raju v. Superior Court of City and County of San Francisco (Cal. Ct. App., June 8, 2023, No. A164736) 2023 WL 3883099, at *1–10 Summary: Manohar Raju and other plaintiffs appealed a judgment dismissing their taxpayer action against the Superior Court of the City and County of San Francisco (defendant…

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Court finds no evidence to support governor’s reversal of Van Houten parole grant

In re Van Houten (Cal. Ct. App., May 30, 2023, No. B320098) 2023 WL 3712946, at *1 Summary: Van Houten petitioned for a writ of habeas corpus challenging Governor Gavin Newsom’s reversal of her 2020 grant of parole. Van Houten is serving concurrent sentences of seven years to life for…

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170.6 challenge brought in habeas challenging conditions of confinement is untimely

Garcia v. Superior Court of Riverside County (Cal. Ct. App., May 30, 2023, No. E080436) 2023 WL 3718448, at *1 Summary: Garcia was diagnosed as having porphyria, a rare condition that is potentially fatal, especially if not properly treated. During an attack of porphyria, the skin becomes extremely sensitive to…

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Failure to instruct that the alleged predicate offenses must have “commonly benefited” a gang in a “more than reputational” manner was not harmless error

People v. Cooper (Cal., May 25, 2023, No. S273134) 2023 WL 3637806 Summary: Cooper  was convicted of first degree murder with gang and firearm enhancements. He appealed. The Court of Appeal affirmed the conviction and the California Supreme Court granted review . The Supreme Court held that trial court’s error…

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Public Defender Petitions Supreme Court over Trial Delays

In the Supreme Court of California, Miguel Angel Estrada, Petitioner, v.The Superior Court of the City and County of San Francisco, Respondent; The People, Real Party in Interest. Andrew Kuhaiki, Petitioner, v. The Superior Court of the City and County of San Francisco, Respondent; The People, Real Party in Interest. PETITION FOR…

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DUI murder conviction under implied malice is not eligible for resentencing under PC 1172.6

THE PEOPLE, Plaintiff and Respondent, v. VONDETRICK CARR, Defendant and Appellant. (Cal. Ct. App., Apr. 7, 2023, No. E079368) 2023 WL 2820859, at *1 Summary: Carr drove drunk with four children in his car, hitting a pickup truck. One of the children was killed and Carr was convicted of second…

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Granting a Penal Code section 1473.7 motion to vacate a conviction and withdraw a plea does not require dismissal of the criminal complaint

People v. Vaca (Cal. Ct. App., Mar. 30, 2023, No. A164953) 2023 WL 2706473, at *1 Summary: Vaca successfully moved under Penal Code section 1473.7 to vacate his conviction and withdraw his no contest plea. He appealed from the trial court’s order denying his motion to dismiss the criminal complaint…

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