People v. Guillory (Cal. Ct. App., Aug. 17, 2022, No. A161952) 2022 WL 3442330, at *1–5 Summary: Guillory, convicted in 2004 of kidnapping, carjacking, robbing, and murder argued that she qualifies for relief under the new felony murder resentencing law law because the jury rejected a special circumstances allegation regarding…
People v. Strong (Cal., Aug. 8, 2022, No. S266606) 2022 WL 3148797 Summary: Strong was convicted of felony murder with findings as to special circumstance allegations that he was “major participant” who acted “with reckless indifference to human life.” He filed a petition for resentencing based on narrowing of felony-murder…
THE PEOPLE, Plaintiff and Respondent, v. JERRY VANG, Defendant and Appellant. (Cal. Ct. App., Aug. 5, 2022, No. C090365) 2022 WL 3131574, at *1 Summary: Vang was convicted of first degree felony murder of his wife. After an argument with his wife, she fled in her car, Vang followed, eventually…
People v. Henson (Cal., Aug. 1, 2022, No. S252702) 2022 WL 3023508 Summary: Henson was charged with unlawfully driving or taking a vehicle after having suffered three prior felony theft convictions involving vehicles, and was subsequently charged in in a separate case with unlawfully driving or taking a vehicle after…
People v. McCune (Cal. Ct. App., July 25, 2022, No. A163579) 2022 WL 2913888, at *1–4 Summary:McCune appealed from an order awarding victim restitution, claiming the court lost jurisdiction to order restitution when it terminated his probation early after a change to the Penal Code that shortened his probationary term…
THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; JESSICA ORTIZ, Real Party in Interest. (Cal. Ct. App., July 28, 2022, No. E077594) 2022 WL 2981170, at *1–2 Summary:Penal Code section 1001.95 authorizes superior court judges to offer pretrial diversion, over the prosecution’s objection, to persons being prosecuted…
THE PEOPLE, Plaintiff and Respondent, v. RODERICK WAYNE MITCHELL, Defendant and Appellant. (Cal. Ct. App., July 22, 2022, No. B308780) 2022 WL 2900929 Summary: Mitchell filed a petition for resentencing under former section 1170.95 (now § 1172.6). Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change…
People v. Beasley (Cal. Ct. App., July 21, 2022, No. G060302) 2022 WL 2866212, at *1–4 Summary: Beasley was on parole from a 25-to-life sentence when he committed first degree robbery, using a knife in the commission of the offense, which exposed him to a maximum sentence of at least…
People v. Torres (Cal. Ct. App., June 16, 2022, No. 2D CRIM. B318399) 2022 WL 2712232, at *1, as modified (July 13, 2022) Summary: VC 2800.2 is a wobbler; as a misdemeanor the punishment is “confinement in the county jail for not less than six months nor more than one…
People v. Zabelle (Cal. Ct. App., July 11, 2022, No. C093173) 2022 WL 2663754, at *1 Summary: Zabelle was convicted of second degree robbery. The jury found true the allegation that he inflicted great bodily injury during the commission of the robbery. On appeal, Zabelle asserts his case should be…