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San Francisco Criminal Lawyer Blog

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A small amount of marijuana in a sealed container in a car is legal and does not justify a search

People v. Shumake (Cal. App. Dep’t Super. Ct., Dec. 16, 2019, No. 6093) 2019 WL 8128736 Stop by Specialized Dui Patrol Officer: Admission that driver had marijuana in the car While on specialized DUI patrol Berkeley Police Officer Megan Jones stopped a Hyundai with no front license plate, a violation…

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Murder conviction must be reversed where jury relied on impermissible theory to convict

People v. Wear (Cal. Ct. App., Feb. 4, 2020, No. A152732) 2020 WL 549310 FACTS: Defendant James Wear and his friend, Brandon Lowell, arranged to meet an acquaintance, Ryan Rossknecht. Wear intended to buy or steal a gun from Rossknecht and possibly to supply him with heroin. During the meeting,…

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Driving carefully while being observed by the police is not grounds for a traffic stop

People v. Mendoza, 2020 WL 562981 (Cal.App. 4 Dist., 2020) Conviction for transporting cocaine reversed because of no reasonable suspicion to detain Facts:  Blanca Luna Mendoza was convicted of transporting for sale more than four kilograms of cocaine based on evidence a U.S. Customs and Border Protection agent acquired after…

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SB 1437 hearings in SF Superior Court Dept 25

Thomas Keel will have his 1987 conviction for Second Degree Murder vacated after San Francisco Assistant Deputy District Attorney Allison Macbeth stipulated that Mr. Keel was eligible for re-sentencing under SB 1437, at a hearing in San Francisco Superior Court held on February 7, 2009.   Superior Court Judge Brendan Conroy…

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Re-sentencing under Penalty Code section 1170.95 applies only to murder convictions-not manslaughter

The People, Plaintiff and Respondent, v. Daniel Cervantes, Defendant and Appellant.(Court of Appeal, Second District, Division 6); No. B298077; Filed 1/30/2020; 2020 WL 486867 Re-sentencing under Penal Code section 1170.95 Penal Code section 1170.95, subdivision (a) provides that , a person convicted of first degree or second degree murder  under…

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What to do if your DMV record shows an infraction for which you went to Traffic School

Except in cases involving a commercial license, attending traffic school should mask the conviction pursuant to Vehicle Code section 1808.7 Vehicle Code section 1808.7 and traffic school Vehicle Code section 1808.7 provides for masking of infractions for which a driver attended traffic school. It states that: The record of the…

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Establishing a prima Facie Case for relief under SB 1437

People v. Lewis, 2020 WL 57841 (Cal.App. 2 Dist.) (Cal.App. 2 Dist., 2020)  Appeal of trial court denial of petition for re-sentencing without appointment of counsel  Defendant Vincent E. Lewis was convicted of first degree premeditated murder in 2012, his conviction was  affirmed on appeal in 2014. In January 2019,…

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Right to confront witnesses violated when computer monitors blocks defendant’s view of a witness

People v. Arredondo, 2019 WL 6834808 Supreme Court of California, S244166, December 16, 2019 John Arredondo was convicted of lewd acts on child under age 14, lewd act on child under age 16, oral copulation with a child under age 14, and sexual penetration with child under age 14 and…

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