People v. Padilla-Martel (Cal. Ct. App., Apr. 29, 2022, No. A162872) 2022 WL 1284091, at *1 Summary: In these civil actions, the People, by the San Francisco City Attorney (City) allege defendants Christian Noel Padilla-Martel, Victor Zelaya, Jarold Sanchez, and Guadaloupe Aguilar-Benegas are street-level drug dealers whose drug-dealing activities in…
San Francisco Criminal Lawyer Blog
Parole hearing testimony may be used in 1170.95 evidentiary hearing
THE PEOPLE, Plaintiff and Respondent, v. RONALD RAY ANDERSON, Defendant and Appellant. (Cal. Ct. App., Apr. 28, 2022, No. A162633) 2022 WL 1261422, at *1 Summary: Anderson was convicted of two counts of first degree murder, two counts of robbery, and one count of burglary, and sentenced to 25 years…
Sentence of LWOP for a 16-year old does not violate 8th Amendment
THE PEOPLE, Plaintiff and Respondent, v. CHRISTIAN BIRDSALL, Defendant and Appellant. (Cal. Ct. App., Apr. 22, 2022, No. A159555) 2022 WL 1198020 Summary: Birdsall was convicted of first degree murder committed by means of lying in wait and during a robbery and a burglary (§ 190.2, subd. (a)(15), (17)(A), (G)).…
Patdown Search of Detained Suspect For Weapons Requires Specific Facts
THE PEOPLE, Plaintiff and Appellant, v. JUAN PANTOJA, Defendant and Respondent. (Cal. Ct. App., Mar. 24, 2022, No. A162591) 2022 WL 1102119 Summary: Pantoja filed a motion to suppress evidence of a firearm found on his person when he was patted down during a traffic stop. The trial court granted…
DMV’s Administrative Hearings to Suspend Licenses after DUI’s Violates Due Process
Plaintiffs and Respondents, v. CALIFORNIA DEPARTMENT OF MOTOR VEHICLES et al., Defendants and Appellants. (Cal. Ct. App., Apr. 15, 2022, No. B305604) 2022 WL 1125370 DMV Administrative Hearings after DUI Arrests and challenge by California DUI Lawyers The Department of Motor Vehicles (DMV) conducts administrative hearings to suspend a driver’s…
AB 124-Sentencing to lower term for childhood trauma-applies retroactively
THE PEOPLE, Plaintiff and Respondent, v. LAMONTE SHERMALE BANNER, Defendant and Appellant. In Re LAMONTE SHERMALE BANNER, On Habeas Corpus. (Cal. Ct. App., Apr. 8, 2022, No. F079770) 2022 WL 1055186 Background: Banner was convicted of two counts of attempted robbery (§ 212.5). The charges included allegations of prior strike…
Resentencing procedures under 1170.03 require notice, appointment of counsel and a hearing
People v. McMurray (Cal. Ct. App., Mar. 30, 2022, No. C090767) 2022 WL 949796, at *1–2 Summary: McMurray appealed the trial court’s denial of a recommendation made by the Secretary (Secretary) of the California Department of Corrections and Rehabilitation (CDCR) under former Penal Code section 11 that the trial court consider…
Court may not dismiss resentencing petition under 1170.95 based on statement of facts in appellate court decision
THE PEOPLE, Plaintiff and Respondent, v. MARCOS ELI FLORES, Defendant and Appellant. (Cal. Ct. App., Mar. 29, 2022, No. F080584) 2022 WL 910096, at *1 Summary: In 2010 Flores pled no contest to the second degree murder (Pen. Code,1 § 187, subd. (a).) and the trial court sentenced petitioner to…
Parole cannot be shortened due to excess incarceration
In re Palmer (2021) 10 Cal.5th 959 In re Lira (2014) 58 Cal.4th 573 Issue: Can a parole period be shifted due to excessive incarceration? Facts: Palmer, who had been convicted of aggravated kidnapping committed when he was a juvenile and sentenced to indeterminate life sentence, served 30 years and…
Bail must always be set in an amount that a defendant can afford
In re Brown (Cal. Ct. App., Mar. 14, 2022, No. B313533) 2022 WL 766252, at *1 Summary: The Supreme Court held in In re Humphrey (2021) 11 Cal.5th 135(Humphrey) that conditioning pretrial release from custody solely on whether an arrestee can afford bail is unconstitutional. When nonmonetary conditions of release…