Close

San Francisco Criminal Lawyer Blog

Updated:

Domestic Violence Restraining Order properly issued based on coercive control

Parris J. v. Christopher U. (Cal. Ct. App., Oct. 4, 2023, No. B313470) 2023 WL 6458520, at *1Summary: Christopher U. appeals from the five-year domestic violence restraining order (DVRO) issued against him at the request of his former spouse, Parris J. Christopher contends the trial court abused its discretion by…

Updated:

Seven minute detention for traffic stop was not unlawfully prolonged

People v. Esparza (Cal. Ct. App., Aug. 28, 2023, No. D080703) 2023 WL 6224964, as modified (Sept. 26, 2023) Summary: Esparza was pulled over for a Vehicle Code violation, a detective who specializes in gang enforcement recognized him and two of his passengers as gang members.  The detective thought one…

Updated:

A defendant accused of fleeing the scene under cannot  rely on voluntary intoxication to negate required knowledge of the accident

People v. Suazo (Cal. Ct. Appl., Sept. 19, 2023, No. F082140) 2023 WL 6118736, at *1 Summary: Suazo while having an elevated blood-alcohol level, drove his 2008 Ford Focus at a high rate of speed off the highway, through a fence, and into agricultural equipment parked in an adjacent yard.…

Updated:

San Francisco District Attorney Brooke Jenkins statements result in recusal of office from prosecution

People v. Pomar (Cal. Ct. App., Sept. 13, 2023, No. A167241) 2023 WL 5947909, at *1 Summary: Brooke Jenkins, an assistant district attorney (ADA), left the San Francisco District Attorney’s Office (Office) to join the campaign to recall Chesa Boudin, the then San Francisco District Attorney (District Attorney). After leaving…

Updated:

Police stop for being parked in a “high crime area” is a prima facie violation of Racial Justice Act

DEMOND FINLEY, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; THE PEOPLE, Real Party in Interest. (Cal. Ct. App., Aug. 30, 2023, No. A167311) 2023 WL 5620093, at *1 Summary: The San Francisco Superior Court erred in finding that Finley failed to make a…

Updated:

Court has no authority to release person on lifetime parole to probation on plea bargain

CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; ROBERT L. ESCOBEDO, Real Party in Interest. (Cal. Ct. App., Aug. 25, 2023, No. A166559) 2023 WL 5498785 Summary: Escobedo was placed on felony probation pursuant to a plea bargain. The  superior court permitted the…

Updated:

Superior Court has no pre-trial authority to reduce a felony wobbler to a misdemeanor

People v. Superior Court of Ventura County (Cal. Ct. App., Aug. 16, 2023, No. 2D CIV. B326653) 2023 WL 5258663, at *1 Summary: Penal Code section 1238, subdivisions (a)(1) and (a)(8) permit the People to appeal a superior court’s post-preliminary hearing, pretrial order reducing a felony “wobbler” to a misdemeanor…

Updated:

Detention for traffic stop is unlawfully prolonged once officer determines there is no violation

People v. Suggs (Cal. Ct. App., July 31, 2023, No. C096555) 2023 WL 4861699 Summary: The Court of Appeal held that traffic stop was unlawfully prolonged when police officer saw temporary registration documents in window, realized defendant had not committed Vehicle Code violation that was purpose of stop, and then…

Updated:

San Francisco warrantless tows of vehicles with unpaid parking tickets violates the Fourth Amendment and due process

Coalition on Homelessness v. City and County of San Francisco (Cal. Ct. App., July 21, 2023, No. A164180) 2023 WL 4673776 Summary: Nonprofit organization brought action against city, municipal transportation agency, and police department challenging agency’s policy of towing safely and lawfully parked vehicles without a warrant based solely on…

Updated:

Automobile exception to warrantless search of passenger compartment does not extend to the trunk without probable cause  

People v. Leal (Cal. Ct. App., July 25, 2023, No. C096463) 2023 WL 4729326, at *1 Summary: The Fourth Amendment’s guarantee of the fundamental right to be free from unreasonable searches and seizures is fundamental. Generally warrantless searches are unreasonable. (Katz v. United States (1967) 389 U.S. 347, 357, 88…

Contact Us