Fish v. Superior Court of San Diego County, 2019 WL 6337434 (Cal.App. 4 Dist.) (Cal.App. 4 Dist., 2019) Synopsis: Mason Fish, charged with gross vehicular manslaughter while intoxicated filed a petition seeking to prevent trial court from reviewing his psychotherapy treatment records and to require trial court to grant his…
THE PEOPLE, Plaintiff and Respondent, v. CHARLES PATRICK ELLIS, Defendant and Appellant., 2019 WL 7161342 (Cal.App. 5 Dist.) (Cal.App. 5 Dist., 2019) SB 1393 gives trial courts discretion to strike five-year prior serious felony enhancements On January 1, 2019, Senate Bill No. 1393 amended Penal Code sections 667, former subdivision…
THE PEOPLE, Plaintiff and Respondent, v. KEANDRE DION WINDFIELD et al., Defendants and Appellants. (Cal. Ct. App., Dec. 20, 2019, No. E055062) 2019 WL 6974388 Facts: Defendants Harquan Johnson and KeAndre Windfield were each convicted of one count of murder and one count of attempted murder, and assault with a…
THE PEOPLE, Plaintiff and Respondent, v. TYRON JACOB TROUT-LACY, Defendant and Appellant. (Cal. Ct. App., Dec. 13, 2019, No. C1882419) 2019 WL 6816928 Summary: Tyron Jacob Trout-Lacy (defendant) fought with his victim, who was high on methamphetamine and had heart disease. Trout-Lacey punched the victim in the face multiple times…
THE PEOPLE, Plaintiff and Respondent, v. ADAN RUBIO, Defendant and Appellant. (Cal. Ct. App., Dec. 12, 2019, No. A152455) 2019 WL 6797405 Summary: Police may not break down a door and enter an apartment when the owner refuses to invite them in to investigate after shots were fired in a…
People v. Medrano, 2019 WL 6487272 (Cal.App. 5 Dist.), 21 (Cal.App. 5 Dist., 2019) Natural and probable consequences doctrine and attempted murder The Fifth District Court of Appeal held that Senate Bill 1437 not only abrogated the natural and probable consequences doctrine to murder charges but attempted murder charges also.…
People v. Yanez (Cal. Ct. App., Nov. 15, 2019, No. A156074) 2019 WL 6043474 While awaiting trial, the court had imposed home detention subject to electronic monitoring as a condition of reducing Yanez’s bail from $480,000 to $100,000. Yanez had spent 555 days on electronic home detention, in a program…
People v. Tran, 2019 WL 5958335 (Cal.App. 4 Dist.) (Cal.App. 4 Dist., 2019) Background: Robert Tran was convicted of reckless driving, in violation of Vehicle Code section 23103, subdivision (a) and was sentenced to three years’ probation with 30 days in custody. Tran appealed the trial court’s denial of his…
Evans v. Shiomoto (Cal. Ct. App., Oct. 21, 2019, No. D073969) 2019 WL 5886970, at *1–7 The DUI stop, arrest and suspension Evans was pulled over for driving with his off-road-only lights illuminated while on a “highway,” in violation of Vehicle Code section 24411. The officer observed signs of intoxication…
Gardner v. Appellate Division of Superior Court of San Bernardino County (Cal. Ct. App., Nov. 12, 2019, No. E066330) 2019 WL 5886241, at *1–4 Right to appointed counsel on appeal in a misdemeanor case The California Supreme Court held that, when the People appeal from a suppression order in a…