People v. Tran, 2019 WL 5958335 (Cal.App. 4 Dist.) (Cal.App. 4 Dist., 2019)
Background:
Robert Tran was convicted of reckless driving, in violation of Vehicle Code section 23103, subdivision (a) and was sentenced to three years’ probation with 30 days in custody.
In re Jeremiah S. (Cal. Ct. App., Oct. 18, 2019, No. A155856) 2019 WL 5302782, at *1–7
The robbery, detention, pat search and arrest arrest of Jeremiah S.
On July 2, 2018, Ornin Gosuwin was carrying a shoulder bag and holding an iPhone as she walked on Spear Street toward Market Street in San Francisco. Two young men, both wearing hoodies, came from around the corner. Gosuwin stopped to let the young men pass. One of them pushed her left shoulder and caused her to fall to the ground and both stood over her and pulled her bag and phone away. The assailants continued on Market Street in the direction of the Embarcadero.
History of San Francisco County Jail #4
The San Francisco County Jail at 850 Bryant St. is formally known as County Jail #4 is described by the Sheriff’sDepartment as “a traditional linear jail facility located on the 7th floor of the Hall of Justice. This jail is the maximum security facility of the San Francisco County Jail system. The rated capacity for this jail is 402 inmates and it houses both sentenced and pre-sentenced inmates. Deputy Sheriffs monitor inmate conduct and patrol in cells located on each side of a central corridor or “mainline”. This jail offers inmate programs such as parenting, independent study, alcoholics anonymous, and narcotics anonymous. Parenting skills classes and inmate-child visitation is also offered to mend and heal broken family relationships.״
(See: City and County of San Francisco Sheriff’s Department https://www.sfsheriff.com/jail_info.html)
People v. Lee, No. D073740, 2019 WL 4871480, at *3–10 (Cal. Ct. App. Oct. 3, 2019)
Vehicle stop and warrantless search of the vehicle
In 2017 San Diego Police Officers Robles and Cooper stopped a gold-colored Cadillac DeVille with no front license plate and tinted windows in violation of Vehicle Code section 26708. They initiated a traffic stop and Officer Robles asked the driver, defendant Brandon Lee, for his driver’s license. Lee said he did not have his license with him. Robles instructed Lee to step out of the vehicle and performed a pat-down search to confirm he did not have any sort of identification.
A Napa County Sheriff’s deputy was on patrol at 2:00 a.m. on September 9, 2017, when he noticed a Cadillac SUV parked illegally near a popular overlook. The deputy approached and saw three people in the vehicle, including Bay, in the driver’s seat. When asked what they were doing, Bay said “they were just sitting there looking at the view and asked … if they were doing something wrong.” The deputy cited a no-parking sign and asked Bay for identification. Bey had none and provided a false name. Knowing that Bay was on post-release community supervision (PRCS) and subject to a warrantless search, the deputy asked him to get out of the vehicle.
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 error affected the defendant’s ability to understand the immigration consequences of the plea.
Marinelarena v. Barr, 2019 WL 3227458; (9th Cir. July 18, 2019)
Conviction for conspiracy to sell and transport a controlled substance
United States v. Haymond (2019) ___U.S.___ [139 S.Ct. 2369], 2019 U.S. LEXIS 4398; No. 17-1672
Supreme Court of the United States,, Decided June 26, 2019.
Imposition of a new and higher mandatory prison term for a parole violation requires jury trial
Californians with criminal records face obstacles and barriers to employment. For example, Uber has announced more intense screening of its drivers, including background checks every two years and checks on new criminal and DUI charges. But recent laws limit how employers may use an applicant’s criminal history and open licensed professions to those with criminal records.
The Fair Chance Act, which went into effect on January 1, 2018, is a “Ban the Box” law that prohibits employers from:
Senate Bill 1437 takes effect January 1, 2019 and will limit first-degree felony-murder for any aider-abettor who is not the actual killer. Under this new law, a defendant must be the actual killer, act with intent to kill, or be a major participant in the underlying felony who acted with reckless indifference to human life to be convicted of murder.
• Certain accomplices to the underlying felony who were convicted of first degree felony murder.
San Francisco Criminal Lawyer Blog