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…
San Francisco Criminal Lawyer Blog
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…
Failure to raise Racial Justice Act Claim in Trial Court Forfeits it on Appeal
People v. Wagstaff (Cal. Ct. App., June 12, 2025, No. H050597) 2025 WL 1662576, at *1 Summary: A jury found Wagstaff guilty of felony false imprisonment surrounding a domestic violence incident. He was sentenced to a term of 16 months in prison. Wagstaff, a Black man, contends the trial court…
Prisoner has right to consult with his attorney at resentencing hearing
People v. Grajeda (Cal. Ct. App., June 3, 2025, No. B337664) 2025 WL 1564615, at *1 Summary: In 2012 a jury found Grajeda guilty of first degree murder and possession of a firearm by a felon. The jury also found true gang and firearm allegations. The trial court found true…
Resentencing entitles defendant to full resentencing review to consider new ameliorative laws
People v. Duenas (Cal. Ct. App., May 27, 2025, No. B335274) 2025 WL 1502018, at *1 Summary: In 2011, a jury convicted Robert Duenas of assault with a semiautomatic firearm, and it found true gang, firearm, and great bodily injury enhancements. The trial court sentenced Duenas to 23 years in…
Low Threshold to Meet the Plausible Justification Standard Under RJA Discovery
McDaniel v. Superior Court of San Mateo County (Cal. Ct. App., May 19, 2025, No. A171858) 2025 WL 1428762 Summary: McDaniel, a Black individual, alleges he was disparately charged with gang enhancements due to his race, ethnicity, or national origin in violation of the California Racial Justice Act of 2020.…
Order prohibiting possession of any dangerous weapon is over broad
People v. Horton (Cal. Ct. App., May 13, 2025, No. B337373) 2025 WL 1378482, at *1 Summary : Horton was convicted of stalking and making criminal threats against Seiko H. He was acquitted of making criminal threats against Seiko’s father, John H. At sentencing, the trial court issued a 10-year…
Imperfect self defense fails when excessive force used
People v. Temple (Cal. Ct. App., May 6, 2025, No. G062781) 2025 WL 1304577, at *1 Summary: A jury found Temple not guilty of first degree murder (Pen. Code, §§ 187, subd. (a), 189, subd. (a)) but guilty of the lesser included offense of second degree murder (§ 189, subd.…
Malice Was Not Necessarily Required by Non-Provocateur Accomplice Under the Provocative Act Murder Doctrine
People v. Antonelli (Cal., Apr. 24, 2025, No. S281599) 2025 WL 1249609, at *1 Summary: In 1991, a jury convicted Antonelli of first degree murder under the provocative act doctrine based on his role in a home invasion robbery during which one of his accomplices was killed by a victim.…
Attempted manslaughter is eligible for relief under section 1172.6
People v. Luu (Cal. Ct. App., Apr. 24, 2025, No. G063066) 2025 WL 1189508, at *1–2 Summary: In 2001, Phuoc Thien Luu was 17 years old when he participated in an attempted home invasion robbery with three other men. One of the men shot the homeowner who survived Police later…