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San Francisco Criminal Lawyer Blog

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Presumption of Mental Health Diversion Eligibility Must be Overcome by Substantial Evidence

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…

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CDCR cannot award credits to advance indeterminately-sentenced inmates’ minimum eligible parole dates

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…

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Guilty plea vacated where defendant did not understand immigration consequences of plea and was prejudiced

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…

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Statute making possession of a”sharp instrument” in prison is not unconstitutionally vague 

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…

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Sufficient doubt that a defendant was intellectually disabled requires the appointment of  the the regional center director to determine developmental disability

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…

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Resentencing of One-Year Prior Prison Term Enhancement of Any Sentence “Imposed” Prior To Enumerated Date Applies to Sentences that were Imposed and stayed

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…

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Prosecution could not proceed under  Abolished Theory of Felony Murder That Imputed Malice “Based Solely On” Miller’s “Participation In” The Kidnapping

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…

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Passage of time does not limit a court’s authority to award restitution in a criminal case

People v. Sinay (Cal. Ct. App., May 19, 2025, No. 2D CRIM B331391) 2025 WL 1692074, at *1 Summary:  Sinay appeals an order awarding restitution to a crime victim and her parents for horrible injuries and economic losses suffered from Sinay’s commission of crimes of torture, mayhem, corporal injury to…

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Court upholds reversal of parole because of incidents not resulting in disciplinary action

In re Rogowski (Cal. Ct. App., May 22, 2025, No. D084748) 2025 WL 1691929, at *1–2 Summary: In 2022, after he had served 31 years in prison, the Board granted Rogowski parole a second time. The Governor found Rogowski still posed an unreasonable danger to society if released from prison…

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