Felony Murder Rule Changed by SB 1437 Senate Bill No. 1437 revised the felony murder rule in California. Under the felony murder rule, someone who aided and abetted an underlying felony was strictly liable for murder if a co-participant killed someone during the commission of the felony (People v. Cavitt…
People v. Gutierrez-Salazar, 38 Cal. App. 5th 411, 251 Cal. Rptr. 3d 178 (Ct. App. 2019), reh’g denied (Aug. 30, 2019) Defendant Dionicio Gutierrez-Salazar was by a jury of two murders for homicides committed in 2013 and 2015. As to the 2013 homicide, defendant was convicted of first degree murder…
People v. Hall, No. 2D CRIM. B292330, 2019 WL 4267761 (Cal. Ct. App. Sept. 10, 2019) Proposition 64 and reduction of marijuana convictions Proposition 64, an initiative measure known as “the Control, Regulate and Tax Adult Use of Marijuana Act,” amended section 11360 and added new sections 11361.8 and 11362.1.…
People v. Force, No. G055482, 2019 WL 4071849 (Cal. Ct. App. Aug. 29, 2019) Denial of Fair Trial Appellant Steven Force, a sexually violent predator receiving treatment at a state mental hospital for pedophilia and exhibitionism challenged the trial court’s order denying his petition to be placed in a…
People v. Millan Rodriguez, 2019 WL 3852665 (Cal.App. 4 Dist.) Vacating a conviction because of inability to understand immigration consequences (Penal Code Section 1473.7) On January 1, 2017, Penal Code section 1473.7 went into effect. It allows a defendant to challenge a conviction based on a guilty plea where prejudicial…
(People v. Flores (Aug. 12, 2019, No. G055861) ___Cal.App.5th___ [2019 Cal. App. LEXIS 740, at *1].) Gang Investigation Leads to Detention A team of Huntington Beach police officers investigating the “Looney Tunes Crew,” also known as the “LTK” street gang, saw the defendant in an area where they knew criminal…
(People v. Abdullah (Aug. 1, 2019, No. B290563) ___Cal.App.5th___ [2019 Cal. App. LEXIS 709].) In 2002, Warith Deen Abdullah was convicted of 13 counts of armed robbery and one count of assault with a deadly weapon, and sentenced to 48 years four months in state prison. The sentence included firearm…
People v. Cooper (July 18, 2019, No. B286201) ___Cal.App.5th___ [2019 Cal. App. LEXIS 648]. A jury convicted defendant and appellant Sheila Cooper of driving under the influence of alcohol causing injury within 10 years of a prior driving under the influence offense. On appeal, Cooper contends the trial court erred…
Governor Newsom has selected a technology consultant from Silicon Valley, Steve Gordon, to modernize the DMV’s decades old computer system which is in part responsible for the long wait times and dysfunction which has beset the agency. Anticipating long wait lines as Californians obtain Real ID’s- federally mandated identification cards-the…
Marinelarena v. Barr, 2019 WL 3227458; (9th Cir. July 18, 2019) Immigrants with drug convictions are eligible for immigration relief when the record of conviction is vague as to the type of controlled substance. Conviction for conspiracy to sell and transport a controlled substance Marinelarena, a native and citizen of…