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San Francisco Criminal Lawyer Blog

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A remittitur for a new trial is filed when received by the court clerk and starts the 60 day speedy trial right

Adam WALSWORTH, Petitioner, v.The SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; The People, Real Party in Interest.C098517; Filed December 20, 2023 2023 WL 8797474 (Cal.App. 3 Dist.), 1 Summary: The Court of Appeal directed the  respondent court to issue an order granting  Walsworth’s motion to dismiss his case. He was denied…

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Denial of right to counsel of choice is a structural error requiring reversal of conviction

THE PEOPLE, Plaintiff and Respondent, v.ALEXANDER ALBERTO FRIAS, Defendant and Appellant. 2023 WL 8658552 (Cal.App. 2 Dist.) Summary: Frias appealed his conviction after the jury found him guilty of stalking. Frias claimed that the trial court, in denying his four requests to substitute the Castaneda Law firm as his counsel,…

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DMV license suspension upheld where blood collection for BAC test did not comply with regulations

Phillips v. Gordon (Cal. Ct. App., Nov. 29, 2023, No. A165289) 2023 WL 8266154, at *1–2 Summary: Phillips appealed from the trial court’s denial of her petition for review of an order of the Department of Motor Vehicles (DMV) suspending her driver’s license for driving with a blood-alcohol concentration (BAC)…

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Separate Punishment For Both Domestic Violence And Simple Assault Violate PC 654

People v. Trammel (Cal. Ct. App., Nov. 21, 2023, No. A166756) 2023 WL 8060573, at *1 Summary: Trammel challenged the trial court’s sentence of an aggregate 12-year prison term for numerous convictions arising out of his violent relationship with his former girlfriend. The Court of Appeal agreed with Trammel that…

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 “Circumstances in aggravation”  used to impose a sentence greater than the middle term refers to the factors listed in California Court Rule 4.421,

Zepeda v. Superior Court of City and County of San Francisco (Cal. Ct. App., Nov. 13, 2023, No. A166159) 2023 WL 7484868, at *1  Summary: This case decided several issues about  Senate Bill No. 567. Senate Bill 567 amended Penal Code section 1170, subdivision (b)(2) to provide that, when a…

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Promise  of leniency by police officer not to tow car invalidates consent to search

Boitez v. Superior Court of Yolo County (Cal. Ct. App., Nov. 7, 2023, No. C098102) 2023 WL 7313899, at *1 Summary: Boitez filed a motion to suppress the evidence obtained during a search of his mother’s car. After the trial court denied his motion, petitioner filed a petition for writ…

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Harmless Error in Permitting Remote Jury Deliberations

THE PEOPLE, Plaintiff and Respondent, v. VERNON LEE HAMPTON, Defendant and Appellant. (Cal. Ct. App., Oct. 25, 2023, No. A165957) 2023 WL 7009789, at *1 Summary: Before closing arguments, which took place in January 2022, the trial judge dismissed two jurors for reasons related to COVID-19 and seated the two…

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Defendant must show prejudice by loss of evidence for case to be dismissed

People v. Manzo (Cal. Ct. App., Oct. 17, 2023, No. E079991) 2023 WL 6826849, at *1  Summary:The Riverside County District Attorney appealed the trial court’s dismissal of three felony charges against Manzo due to evidence lost during the prosecution’s five-year delay in prosecuting the case after filing charges against defendant.…

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