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San Francisco Criminal Lawyer Blog

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Elimination of the Probation Supervision Fee under PC 1465.9 Applies Retroactively

People v. Clark (Cal. Ct. App., July 29, 2021, No. A158238) 2021 WL 3205435, at *1 Summary: Clark appealed and challenged the imposition of a monthly $100 probation supervision fee, following a violation of his probation while his  appeal was pending. Assembly Bill 1869 repealed the statute authorizing the probation…

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Challenges to reasonableness of mandatory supervision conditions are evaluated under the Lent Standard for probation conditions

People v. Bryant (Cal., July 29, 2021, No. S259956) 2021 WL 3201079, at *1 Summary: The 2011 Realignment Act (Stats. 2011, ch. 15, § 1; Realignment Act or Act) provides for a period of mandatory supervision after a county jail sentence for eligible defendants. The California Supreme Court assessed the…

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Prisoners entitled to appointment of counsel when making a prima facie case under SB 1437

People v. Lewis (Cal., July 26, 2021, No. S260598) 2021 WL 3137434, at *1 Summary: The California Supreme Court reviewed Senate Bill No. 1437 (Stats. 2018, ch. 1015; Senate Bill 1437) which eliminated natural and probable consequences liability for murder and limited the scope of the felony murder rule. (Pen.…

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Veterans sentenced to indeterminate terms are not eligible for resentencing under section 1170.911

People v. Stewart (Cal. Ct. App., July 9, 2021, No. E074907) 2021 WL 2883176, at *1 Summary: Stewart was honorably discharged from the Army in 1976 and suffers from schizophrenia related to his military service. In 1986 and a1992, he was convicted of first degree burglary. In 2001, after being…

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Outstanding Warrant Exception to Exclusionary Rule Applied to Officer’s Illegal Detention of Defendant

People v. Kasrawi (Cal. Ct. App., June 16, 2021, No. D077139) 2021 WL 2451095 Summary: Kasrawi was stopped and ultimately arrested by a police officer who acted on no more than a hunch. The officer detained  Kasrawi after watching him  cross the street to his legally parked car. The officer…

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Trial court must give  notice and opportunity to be heard before recalling a sentence under 1170(d)

People v. Williams (Cal. Ct. App., June 17, 2021, No. E074162) 2021 WL 2472953, at *1–4  Summary: A trial court exercising its discretion pursuant to section 1170 of the Penal Code to recall a sentence and enter a reduced term must: (i) give the parties notice and an opportunity to…

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Sentencing a mentally disabled person to 63 years is not cruel and unusual punishment

People v. Brewer (Cal. Ct. App., June 7, 2021, No. C089676) 2021 WL 2309551  Summary:  Brewer  was convicted of second degree robbery, attempted second degree robbery, and felon in possession of a firearm, and sentenced to a determinate term of 63 years. Brewer appealed and contended that  his sentence, which…

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