Superior Court does not have juisdiction to correct an unauthorized sentence once judgment is final Summary: Issue: When a superior court receives a letter the California Department of Corrections and Rehabilitation (CDCR) informing the court that the abstract of judgment for a defendant “may be in error,” does the court…
THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER SKAGGS, Defendant and Appellant. (Cal. Ct. App., Aug. 14, 2025, No. A170942) 2025 WL 2356066, at *1–2 Summary: Skaggs filed a motion to dismiss his parole revocation petition on due process grounds, which the trial court treated as a Penal Code section 1385…
People v. Harlow (Cal. Ct. App., July 5, 2025, No. D084252) 2025 WL 2218129, at *1 Eligibility for mental health eligibility To qualify for mental health diversion under Penal Code section 1001.36, criminal defendants must show they are both “eligible” and “suitable” for the program. Mental health diversion must be…
Criminal Justice Legal Foundation v. Department of Corrections and Rehabilitation (Cal. Ct. App., July 28, 2025, No. C100274) 2025 WL 2104730, at *1–2 Summary: In 2016, Proposition 57, the Public Safety and Rehabilitation Act of 2016 (Cal. Const., art. I § 32) amended the California Constitution to give the California…
People v. Benitez-Torres (Cal. Ct. App., July 23, 2025, No. G063400) 2025 WL 2057234, at *1 Summary: Under Penal Code section 1473.7, a person may move to have a guilty plea vacated if: (1) he did not meaningfully understand the immigration consequences of the guilty plea, and (2) he was…
People v. Valle (Cal. Ct. App., July 14, 2025, No. 2D CRIM. B338909) 2025 WL 1922434, at *1 Summary: A California prisoner who had a 14-inch by 1-inch hard non-flexible piece of plastic, sharpened to a point, poses a danger to other prisoners and prison officials. Possession of this lethal…
People v. Lara (Cal. Ct. App., July 16, 2025, No. F086534) 2025 WL 1970660, at *1 Summary: Lara was convicted by a jury of first degree murder and sentenced to 25 years to life. During pretrial proceedings, defense counsel raised a doubt as to Lara’s competency to stand trial, so…
People v. Superior Court of San Diego County (Cal. Ct. App., June 25, 2025, No. D085508) 2025 WL 1873313, at *1–2 Summary: in two similarly criminal cases, the People petitioned the court for writs of mandate directing the trial court to grant their peremptory challenges to Judge Cynthia Davis under…
People v. Rhodius (Cal., June 26, 2025, No. S283169) 2025 WL 1763117 Summary: California Department of Corrections and Rehabilitation (CDCR) identified defendant as person serving sentence that included one-year prior prison term enhancements for crimes that were not sexually violent offenses. The Superior Court struck enhancements from judgment of sentence…
THE PEOPLE, Plaintiff and Respondent, v. ARMANI MILLER, Defendant and Appellant. (Cal. Ct. App., June 27, 2025, No. A170047) 2025 WL 1779185, at *1–2 Miller appeals the trial court’s denial of his petition for resentencing pursuant to Penal Code section 1172.6. In August 2020, Miller pled no contest to voluntary…