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…
San Francisco Criminal Lawyer Blog
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…
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…
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…
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…
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…
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…
Plea to conviction requiring mandatory deportation vacated under under Penal Code section 1473.7
People v. Villalba (Cal. Ct. App., Mar. 8, 2023, No. B318353) 2023 WL 2595696, at *1 Summary: Villalba appealed the denial of his motion under Penal Code section 1473.7, subdivision (a)1 to withdraw his 2017 no contest plea to a violation of section 273.5 and to vacate his conviction. Villalba…
Police Officer Testimony by Telephone at DMV Administrative Hearing is Improper when Driver Objects
Ramirez v. Superior Court of Kern County (Cal. Ct. App., Feb. 9, 2023, No. F082588) 2023 WL 2399712 Summary: A driver petitioned for writ of mandate ordering Department of Motor Vehicles (DMV) to set aside its driver’s license suspension order following his arrest for driving under the influence (DUI). The…
Plea accepted without understanding immigration consequences may be vacated
People v. Espinoza (2023) 14 Cal.5th 311 [303 Cal.Rptr.3d 670, 522 P.3d 1074] Summary: After serving sentence, noncitizen filed statutory motion to vacate conviction pursuant to negotiated no-contest plea, because he had not understood immigration consequences of plea. The Superior Court denied the motion. Noncitizen appealed. The Court of Appeal,…