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…
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…
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…
LONGEN TAN, Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; THE PEOPLE, Real Party in Interest. (Cal. Ct. App., Mar. 10, 2022, No. A163715) 2022 WL 714708, at *1 Summary: Tan was charged with misdemeanor driving under the influence. Effective January 1, 2021, the Legislature enacted a new…
Hernandez-Valenzuela v. Superior CourtDocket: A163992(First Appellate District) Opinion Date: March 4, 2022 Facts: Hernandez-Valenzuela (collectively “petitioners”) sought a writ of mandate or prohibition requiring respondent Superior Court of the City and County of San Francisco to dismiss his case for violating his speedy trial rights under Penal Code section 1382.2…
People v. Williams (Cal. Ct. App., Feb. 24, 2022, No. B311161) 2022 WL 556906, at *1–6 Facts: Williams filed a “Petition for Modification of Sentence (Pursuant to P.C. 1170(d)(1).)” Asking the trial the court to modify his 1996 judgment based on “charging and sentencing policies” adopted by Los Angeles County…
People v. Hampton (Cal. Ct. App., Feb. 10, 2022, No. C093270) 2022 WL 405368, at *1 Summary: Hampton was found guilty of first degree murder and two counts of robbery and sentenced to a term of 33 years to life The jury could not reach a verdict on the robbery-murder…
People v. Speck (Cal. Ct. App., Feb. 2, 2022, No. C093273) 2022 WL 304910 Summary: A jury found Speck guilty of felony vehicle theft (Veh. Code, § 10851, subd. (a)) and receiving stolen property (Pen. Code, § 496d) with special allegations that the Honda was valued at over $950. The…
People v. Sek (Cal. Ct. App., Feb. 1, 2022, No. B309003) 2022 WL 292614, at *1 Summary: Assembly Bill No. 333, effective January 1, 2022, changed the law regarding gang enhancements under Penal Code 1 section 186.22. The new law requires that to to prove that the defendant committed a…
Hemphill v. New York (2022) 142 S.Ct. 681 Summary: The admission of a third party’s plea allocution, because it was reasonably necessary to correct defendant’s misleading argument, violated defendant’s right to confront the witnesses against him. Facts: In 2006, a stray 9-millimeter bullet killed a 2-year-old child after a street…