Senate Bill No. 483, effective January 1, 2022, makes changes to the law that invalidated enhancements for prior prison terms and certain drug enhancements retroactive. The Bill retroactively applies Senate Bill 180 and Senate Bill 136 to all persons currently serving a prison for these repealed sentence enhancements. Senate Bill…
People v. Nault (Cal. Ct. App., Dec. 20, 2021, No. B306460) 2021 WL 5997961, at *1–3 Summary: Nault, driving whiledrunk after four previous DUI convictions tried to pass an 18-wheeler on a narrow road. Nault’s pickup hit an oncoming car and killed its driver. While Nault was unconscious from the…
People v. Benzler (Cal. Ct. App., Dec. 14, 2021, No. C092779) 2021 WL 5902741, at *1 Summary: Benzler, sentenced in 2014 for offenses he committed when he was 18 years old, appealed the summary denial of his motion for a Franklin hearing1 under Penal Code section 1203.01.2. Benzler contends he…
In re L.J. (Cal. Ct. App., Nov. 30, 2021, No. A161118) 2021 WL 5578276 Summary: Juvenile defendant came within Juvenile Court’s jurisdiction for reckless evasion of a peace officer, assault with a deadly weapon on a peace officer, and assault with force likely to produce great bodily injury. The juvenile…
SB 775 expands SB 1437 which changed the felony murder rule for aiders and abettors SB 1437, passed in 2018 changed the laws about conviction of aiders and abettor for murder People with murder convictions under the old laws could file a petition asking the court to be resentenced on…
Valderas v. Superior Court of San Diego County (Cal. Ct. App., Nov. 30, 2021, No. D078735) 2021 WL 5575569, at *1 Summary: Valderas, facing several felony charges, did not appear at a status conference/trial call on October 20, 2020. It was the second consecutive court appearance that Valderas missed. The…
People v. Williams (Cal. Ct. App., Nov. 23, 2021, No. A159914) 2021 WL 5460724, at *1–2 Summary: Williams, was convicted of murder in 1995 and sentenced to 30 years to life in prison and was released on lifetime parole in 2018. In 2019, he was charged with two misdemeanors, and…
People v. Schuller (Cal. Ct. App., Nov. 10, 2021, No. C087191) 2021 WL 5228434, at *1 Summary: Schuller, shot his long-time friend, W.T., nine times in the head and set the body on fire. Schuller testified, claiming self-defense, but his trial testimony about suggested he was delusional and hallucinating. Following…
People v. Davenport (Cal. Ct. App., Nov. 10, 2021, No. A161954) 2021 WL 5230876, at *1–3 Summary: In 2007, Davenport pled no contest to second degree murder with a firearm enhancement and was sentenced to 18 years to life. Davenport appealed the denial of his petition for resentencing pursuant to…
THE PEOPLE, Plaintiff and Respondent, v. OSCAR CUADRA, Defendant and Appellant. (Cal. Ct. App., Nov. 5, 2021, No. B310554) 2021 WL 5149775, at *1–3 Summary: Cuadra was charged with possession of a firearm by a felon in violation of Penal Code section 29800, subdivision (a)(1). Before pleading no contest, Cuadra…