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San Francisco Criminal Lawyer Blog

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Sixteen-year delay between filing of a felony complaint and arraignment resulted in prejudice outweighing any justification

VICTOR MICHAEL ARRIAGA, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest. (Cal. Ct. App., Aug. 29, 2025, No. B340795) 2025 WL 2490639, at *1 Summary: Arriaga petitioned for a peremptory writ of prohibition directing the trial court to grant his motion to…

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Juvenile’s 44 year to life sentence was not the functional equivalent of LWOP under section 1170(d)(1)(A).

People v. Baldwin (Cal. Ct. App., Aug. 27, 2025, No. F088265) 2025 WL 2462748, at *1–2 Summary: Baldwin was sentenced to 44 years to life. In 2024, he petitioned for resentencing relief under Penal Code section 1170, subdivision (d) (section 1170(d))1 and pursuant to People v. Heard (2022) 83 Cal.App.5th…

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Superior Court does not have juisdiction to correct an unauthorized sentence once judgment is final

Superior Court does not have juisdiction to correct an unauthorized sentence once judgment is final Summary: Issue: When a superior court receives a letter the California Department of Corrections and Rehabilitation (CDCR) informing the court that the abstract of judgment for a defendant “may be in error,” does the court…

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Petition to Dismiss Parole Revocation on Due Process Grounds Must  be Considered by the Trial Court

THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER SKAGGS, Defendant and Appellant. (Cal. Ct. App., Aug. 14, 2025, No. A170942) 2025 WL 2356066, at *1–2 Summary: Skaggs filed a motion to dismiss his parole revocation petition on due process grounds, which the trial court treated as a Penal Code section 1385…

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Presumption of Mental Health Diversion Eligibility Must be Overcome by Substantial Evidence

People v. Harlow (Cal. Ct. App., July 5, 2025, No. D084252) 2025 WL 2218129, at *1 Eligibility for mental health eligibility To qualify for mental health diversion under Penal Code section 1001.36, criminal defendants must show they are both “eligible” and “suitable” for the program. Mental health diversion must be…

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CDCR cannot award credits to advance indeterminately-sentenced inmates’ minimum eligible parole dates

Criminal Justice Legal Foundation v. Department of Corrections and Rehabilitation (Cal. Ct. App., July 28, 2025, No. C100274) 2025 WL 2104730, at *1–2 Summary: In 2016,  Proposition 57, the Public Safety and Rehabilitation Act of 2016 (Cal. Const., art. I § 32) amended the California Constitution to give the California…

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Guilty plea vacated where defendant did not understand immigration consequences of plea and was prejudiced

People v. Benitez-Torres (Cal. Ct. App., July 23, 2025, No. G063400) 2025 WL 2057234, at *1 Summary: Under Penal Code section 1473.7, a person may move to have a guilty plea vacated if:  (1) he did not meaningfully understand the immigration consequences of the guilty plea, and (2) he was…

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Statute making possession of a”sharp instrument” in prison is not unconstitutionally vague 

People v. Valle (Cal. Ct. App., July 14, 2025, No. 2D CRIM. B338909) 2025 WL 1922434, at *1 Summary: A California prisoner who had a 14-inch by 1-inch hard non-flexible piece of plastic, sharpened to a point, poses a danger to other prisoners and prison officials.  Possession of this lethal…

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Sufficient doubt that a defendant was intellectually disabled requires the appointment of  the the regional center director to determine developmental disability

People v. Lara (Cal. Ct. App., July 16, 2025, No. F086534) 2025 WL 1970660, at *1 Summary: Lara was convicted by a jury of first degree murder and sentenced to 25 years to life. During pretrial proceedings, defense counsel raised a doubt as to Lara’s competency to stand trial, so…

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