Articles Posted in New Criminal Case Law

In re Canady (Cal. Ct. App., Nov. 25, 2020, No. C089363) 2020 WL 6938325, at *1–3

 Summary: Canady filed a writ of habeas corpus in the superior court seeking early parole consideration under Proposition 57, also known as the Public Safety and Rehabilitation Act of 2016 (Prop. 57). Canady asserted the California Department of Corrections and Rehabilitation’s (CDCR) regulation implementing Prop. 57 was inconsistent with the Proposition. The CDCR regulation did not consider conduct credits inmates earned while incarcerated in the calculation of inmates’ nonviolent early parole eligible dates. The superior court agreed with Canady and invalidated the Department’s regulation as contradicting the stated purposes of the Proposition.

The Attorney General appealed from the superior court’s order, arguing that the regulation is consistent with and authorized by the plain language of Prop. 57, which grants broad discretion. The Court of Appeal agreed and reversed the order.

People v. Grant (Cal. Ct. App., Nov. 12, 2020, No. D076576) 2020 WL 6608321, at *1

 Summary: Kenneth Grant  stole merchandise from a Wilsons Leather outlet store where everything is sold at a discount, determined by applying varying discount percentages to a “comparable value” the store displays on tags attached to each product. At trial, the prosecution introduced evidence showing that the cumulative comparable values of the stolen merchandise exceeded the $950 felony theft threshold. There was no evidence establishing that the comparable values represented the merchandise’s actual fair market values, and the only evidence of actual sales price was for  a few of the stolen products (totaling about $265). The jury found the value of the stolen merchandise exceeded $950, and convicted Grant of grand theft (Pen. Code, § 487, subd. (a))1 and burglary (§ 459). The trial court sentenced Grant  to three years in local custody.

On appeal, Grant contends his grand theft conviction must be reduced to petty theft, and his burglary conviction must be reversed, because (1) the trial court erroneously instructed the jury regarding the definition of fair market value; (2) the trial court failed to instruct the jury regarding the distinction between burglary and misdemeanor shoplifting; and (3) substantial evidence does not support the finding that the value of the stolen merchandise exceeded $950.

People v. D.C. (Cal. Ct. App., Sept. 16, 2020, No. F078629) 2020 WL 5542090, at *1–5

Summary:

D.C. petitioned to seal his arrest record under Penal Code section 851.91 after pleading no contest to possession of a controlled substance and successfully completing treatment and probation pursuant to section 1210.1.the trial court ruled that he was ineligible for relief under section 851.91. D.C. appealed claiming he  qualifies for relief under section 851.91 as a person whose arrest did not result in a conviction because his arrest and conviction are deemed never to have occurred pursuant to section 1210.1, subdivision (e)(1).

People v. Cooper (Cal. Ct. App., Sept. 1, 2020, No. A156880) 2020 WL 5175210

 Summary:

Cooper was convicted by no contest plea of one count of second degree murder and filed petition for resentencing, alleging he pleaded no contest because he had faced possibility of conviction of first or second degree murder under felony murder or natural and probable consequences theory. The Superior Court, Alameda County, denied the petition without appointing counsel. Cooper appealed and the  Court of Appeal, Humes,  held that: