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San Francisco Criminal Lawyer Blog

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Trial court erred in dismissing re-sentencing petition for felony murder

Trial court erred in dismissing re-sentencing petition for felony murder People v. Ramirez, 2019 WL 5387737 (Cal.App. 2 Dist.), 5 (Cal.App. 2 Dist., 2019) Not Reported in Cal.Rptr., 2019 WL 5387737 Summary: Raymond Salvador Ramirez (defendant) appealed from the summary denial of his petition filed pursuant to Penal Code section…

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Police cannot automatically conduct a pat down search of a robbery suspect for weapons

In re Jeremiah S. (Cal. Ct. App., Oct. 18, 2019, No. A155856) 2019 WL 5302782, at *1–7  The robbery, detention, pat search and arrest arrest of Jeremiah S. On July 2, 2018, Ornin Gosuwin was carrying a shoulder bag and holding an iPhone as she walked on Spear Street toward…

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A complaint dismissed for prosecutorial vindictiveness cannot be refiled

People v. Sanchez, 2019 WL 5304531 (Cal.App. 1 Dist.) (Cal.App. 1 Dist., 2019) Summary: Angel Sanchez (Sanchez) was charged by re-filed complaint with robbery, assault with a deadly weapon on a transit passenger, and receiving stolen property. The  magistrate granted Sanchez’s  motion to dismiss the complaint for prosecutorial vindictiveness,  The…

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Prosecution Must Justify a Delay in Charging a Defendant When Prejudice Has Been Shown

Dickerson v. Superior Court of Alameda Cty., 40 Cal. App. 5th Supp. 1, 252 Cal. Rptr. 3d 871, 874–82 (Cal. App. Dep’t Super. Ct. 2019) Petitioners contend that delays in charging each of them resulted in a deprivation of due process rights under the California Constitution. In both cases, the…

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Receiving a Stolen Vehicle Valued at $950 or Less May be Treated as a Misdemeanor under Prop. 47

People v. Wehr, No. E070345, 2019 WL 5166227, at *1–8 (Cal. Ct. App. Oct. 15, 2019) Proposition 47 and Receipt of Stolen Property The Safe Neighborhoods and Schools Act (Proposition 47) amended Penal Code § 496 so that receiving any stolen property worth $950 or less is a misdemeanor. (§…

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Suppression Of Illegally Obtained Evidence Cannot Be Litigated On A Motion To Dismiss Under Section 991

Barajas v. Appellate Division of Superior Court of Los Angeles County, 2019 WL 4894231 (Cal.App. 2 Dist.) (Cal.App. 2 Dist., 2019) Arraignment on Misdemeanor charge of carrying a dirk or dagger Eliseo Barajas was arrested and arraigned on a misdemeanor charge of carrying a dirk or dagger. Barajas sought to…

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Franklin Proceedings available to juvenile lifers sentenced after People v. Franklin (2016) was decided.

THE PEOPLE, Plaintiff & Respondent, v. MICHAEL DAMION JUDE MEDRANO, Defendant & Appellant, No. E070042, 2019 WL 4894333 (Cal. Ct. App. Oct. 4, 2019) Medrano sentenced to life at age 19 Michael Damion Jude Medrano was 19 years old when he committed the crimes of one count of first degree…

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Presence of a small amount of marijuana in a car does not provide probable cause for a vehicle search.

People v. Lee, No. D073740, 2019 WL 4871480, at *3–10 (Cal. Ct. App. Oct. 3, 2019) Vehicle stop and warrantless search of the vehicle In 2017 San Diego Police Officers Robles and Cooper stopped a gold-colored Cadillac DeVille with no front license plate and tinted windows in violation of Vehicle…

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California Court of Appeal Rules Possession of Burglary Tools Includes Constructive Possession

People v. Bay, 2019 WL 4564854 (Cal.App. 1 Dist.), 1 (Cal.App. 1 Dist., 2019) The Stop and Search A Napa County Sheriff’s deputy was on patrol at 2:00 a.m. on September 9, 2017, when he noticed a Cadillac SUV parked illegally near a popular overlook. The deputy approached and saw…

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