People v. McCallum (Cal. Ct. App., Sept. 30, 2020, No. B301267) 2020 WL 5810212, at *1 Resentencing under Penal Code 1170(d)(1) Penal Code section 1170, subdivision (d)(1) authorizes the trial court to modify a defendant’s sentence upon a recommendation from the Secretary of the Department of Corrections and Rehabilitation (Department),…
People v. D.C. (Cal. Ct. App., Sept. 16, 2020, No. F078629) 2020 WL 5542090, at *1–5 Summary: D.C. petitioned to seal his arrest record under Penal Code section 851.91 after pleading no contest to possession of a controlled substance and successfully completing treatment and probation pursuant to section 1210.1.the trial…
People v. Cooper (Cal. Ct. App., Sept. 1, 2020, No. A156880) 2020 WL 5175210 Summary: Cooper was convicted by no contest plea of one count of second degree murder and filed petition for resentencing, alleging he pleaded no contest because he had faced possibility of conviction of first or second…
People v. DelRio (Cal. Ct. App., Aug. 31, 2020, No. B298637) 2020 WL 5104917 Facts: DelRio and his cousin Raul Prieto had a gunfight in front of a house on a cul-de-sac. Prieto shot his nine-millimeter pistol 15 times but missed every time. DelRio fired his .40-caliber pistol twice and…
The State Supreme Court posted an order on the docket of In re Humphrey (2018) 19 Cal.App.5th 1006, pending as # S247278, making Part III of the Court of Appeal decision in the case legal precedent. That part of the appellate opinion holds that due process requires consideration of the…
People v. McGee, 2020 WL 4783643 (Cal.App. 3 Dist.); filed 7/28/20; published 8/18/20 Facts and Procedural Background On July 28, 2018, Stockton Police Officers initiated a traffic stop of McGee’s car after noticing its registration had expired. The officers noted the scent of unburned marijuana. McGee denied having any marijuana…
People v. Ogaz, 2020 WL 4581253 (Cal.App. 4 Dist., 2020) 07/14/2020; Modified 08/10/2020 Summary: Ignacio Ogaz appealed his conviction for and argued that his Sixth Amendment right to confront adverse witnesses was violated by the admission of drug testing evidence. The Court of Appeal held that the confrontation clause requires…
People v. Barton (Cal. Ct. App., Aug. 4, 2020, No. F076599) 2020 WL 4462790 Facts: Barton pleaded guilty to furnishing methamphetamine (Health & Saf. Code, § 11379, subd. (a)) and maintaining a place for the sale of a controlled substance (id., § 11366). Barton admitted to having twice been convicted of…
A Marin County Superior Court judge has ordered the California Department of Corrections and Rehabilitation (CDCR) to respond by August 4, 2020, in an expedited briefing schedule, to petitions requesting immediate release of 21 people at San Quentin State Prison. The petitions were filed by inmates at San Quentin in…
Robinson v. Lewis, 2020 WL 4045925, Supreme Court of California, S228137, July 20, 2020 A challenge to a state judgment of conviction through a petition for a writ of habeas corpus in state court must present each claim in a timely fashion. However, California law does not fix a determinate…