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San Francisco Criminal Lawyer Blog

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Restitution for fleeing scene of accident cannot be modified after termination of probation

THE PEOPLE, Plaintiff and Respondent, v. TAKEYA LASHAY KOONTZY, Defendant and Appellant. (Cal. Ct. App., May 23, 2024, No. A167703) 2024 WL 2350205 Summary: Koontzy (appellant) pled no contest to fleeing the scene of an injury accident (Veh. Code § 20001, subd. (a)) and was placed on probation with the…

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Warrantless Search of Defendant’s Truck Did Not Fall Within Scope of Inventory Search Exception

United States v. Anderson (9th Cir., May 2, 2024, No. 20-50345) 2024 WL 1920298 Warrantless searches by law enforcement for inventory purposes Summary: Law enforcement may conduct warrantless inventory searches of impounded vehicles only if they are motivated by administrative purposes, and not solely by investigatory purposes. Here, an officer’s…

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Prosecutor’s reasons for peremptory strike of Black juror were improper and required explanation

THE PEOPLE, Plaintiff and Respondent, v. DAVID G. ARIAS, Defendant and Appellant. (Cal. Ct. App., May 10, 2024, No. A164789) 2024 WL 2103781, at *1 Summary: Arias was tried for two counts of sexual abuse committed against J. Doe, a child under 14 years old. During the trial, the defense…

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Before Officers May Detain Someone They Must Be Able To Articulate A Legally Cognizable Reason

People v. Flores (Cal., May 2, 2024, No. S267522) 2024 WL 1919992, at *12 Background to detention In May 2019, Officer Guy and his partner, Michael Marino, were on patrol in the area of Mariposa Avenue, a “known narcotic[s] area[ ]” and “gang hangout.” The officers drove by a cul-de-sac,…

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Trial court has no authority to modify restitution after termination of probation

People v. Koontzy (Cal. Ct. App., Apr. 25, 2024, No. A167703) 2024 WL 1794196, at *1 Summary: Koontzy (appellant) pled no contest to fleeing the scene of an injury accident (Veh. Code § 20001, subd. (a)) and was placed on probation with the condition that she pay victim restitution. Due…

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Gross Vehicular Manslaughter While Intoxicated Is Not A Lesser Included Offense Of Murder

People v. Barooshian (Cal. Ct. App., Apr. 16, 2024, No. D081050) 2024 WL 1629664, at *1 Summary: Barooshian was  convicted him of murder (Pen. Code, § 187, subd. (a)) under a Watson murder theory. In People v. Watson (1981) 30 Cal.3d 290, (Watson), the California Supreme Court concluded that a…

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Discretion To Dismiss An Enhancement Does Not Apply To Allow The Court To Strike The Jury’s Premeditation And Deliberation Finding

People v. Serrano (Cal. Ct. App., Mar. 28, 2024, No. A166011) 2024 WL 1320422, at *6–9 Exercise of Discretion Under Section 1385(c) Serrano argued  that the trial court erred by failing to exercise its discretion under section 1385(c) to consider striking the jury’s premeditation and deliberation findings. The People responded…

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Due process violated when DMV Hearing Officer acts as an advocate

Knudsen v. Department of Motor Vehicles (Cal. Ct. App., Apr. 4, 2024, No. F085992) 2024 WL 1453228, at *1 Summary: Knudsen appealed the suspension of his driver’s license at an administrative per se (APS) hearing. A hearing officer for the Department of Motor Vehicles (“DMV”) concluded that Knudsen had driven…

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Liquor store held to be a public nuisance under the drug house law  

The PEOPLE, Plaintiff and Respondent, v.FREETOWN HOLDINGS COMPANY et al., Defendants and Appellants.2024 WL 1325949 (Cal.App. 2 Dist.), 1 Summary: The People of the State of California sued Holiday Liquor for enabling a public nuisance claiming the store allowed illegal drug buyers and sellers to meet for sales. Holiday tolerated…

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Traffic stop resulting in recovery of a gun and drugs was not unduly prolonged

People v Felix, 2024 WL 979674 (Cal.App. 2 Dist.) Summary: Felix was arrested in Utah after being stopped for a traffic violation. He consented to a search of his car which resulted in the recovery of a handgun, ammunition and over five kilograms of methamphetamine. While in custody in Utah…

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