San Francisco Criminal Lawyer Blog

People v. Davenport (Cal. Ct. App., Nov. 10, 2021, No. A161954) 2021 WL 5230876, at *1–3

Summary: In 2007, Davenport pled no contest to second degree murder with a firearm enhancement and was sentenced to  18 years to life. Davenport appealed the denial of his petition for resentencing pursuant to Penal Code section 1170.95. Davenport contends that the   trial court erroneously concluded he failed to make a prima facie showing of entitlement to relief by  relying on facts stated in the preliminary hearing transcript in the absence of any stipulation from him that the facts supplied a basis for his plea. The Court of Appeal agreed  and reversed the order summarily denying His  petition and remanded this case for further proceedings.

Facts: Davenport was charged by information with murder (§ 187), alleging he committed the murder “unlawfully and with malice aforethought.” The information included an enhancement for personal and intentional discharge of a firearm causing great bodily injury and death as well as personal and intentional discharge and personal use of a firearm. (§ 12022.53, subds. (b)–(d).)

People v. Greeley (Cal. Ct. App., Oct. 19, 2021, No. H047281) 2021 WL 4889494, at *1

Summary: Greeley was convicted by jury trial of first degree burglary (Pen. Code, § 460, subd. (a)).1 The trial court suspended imposition of sentence, placed defendant on probation for three years, and imposed various fines and fees, and restitution. On appeal, Greeley claimed that the three-year term of probation is now unauthorized; and the court should strike the criminal justice administration fee and the probation supervision fee. The court of appeal agreed that the term of probation should be reduced to two years and that the unpaid portions of the criminal justice administration and probation supervision fees should be stricken. The court reversed the judgment and remand with instructions.

Fines and Fees

People v. Cepeda (Cal. Ct. App., Oct. 18, 2021, No. B307000) 2021 WL 4843561, at *1

Summary: In 2018, Cepeda pled guilty to carjacking as a second strike, and admitted he sustained a prior serious felony conviction. The trial court sentenced him to 15 years in state prison, which included a five-year enhancement for the prior serious felony conviction. At the time of Cepeda’s plea and sentence, courts were prohibited from striking serious felony enhancements under Penal Code section 667, subdivision (a)(1).

CDCR Recommendation for Resentencing

People v. Pillsbury (Cal. Ct. App., Sept. 30, 2021, No. C089002) 2021 WL

Summary: Pillsbury was convicted of one count of robbery in the second degree with firearm enhancement and one count of commercial burglary. The Secretary of Department of Corrections and Rehabilitation (CDCR) submitted a letter to trial court recommending that defendant’s aggregate sentence of 13 years be recalled and that defendant be resentenced under statutory amendment authorizing courts to strike or dismiss firearm enhancements in interest of justice. The Superior Court, Sacramento County, summarily declined to recall and resentence Pillsbury without providing him notice or opportunity to provide additional information. Pillsbury appealed.

The Court of Appeal held that:

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL ANTHONY FLORES, Defendant and Appellant. (Cal. Ct. App., Oct. 8, 2021, No. C089569) 2021 WL 4698468, at *1–2

Summary: Flores was found guilty of voluntary manslaughter after the jury initially declared it was unable to reach a unanimous verdict. Flores moved for a new trial based on evidence the jury considered his sentence in determining the verdict. The jurors’ declarations in support of the new trial motion showed the jury was deadlocked between second degree murder and voluntary manslaughter. After discussing the possibility that Flores would “walk” if it were to hang, the jury found him guilty of voluntary manslaughter. The trial court denied defendant’s new trial motion, finding inadmissible any evidence of the jury’s deliberations regarding punishment and that discussing punishment during deliberations is not misconduct.

The court of appeal reversed, finding: (1) the trial court erred in finding inadmissible the entire contents of the jurors’ declarations submitted in support of the new trial motion; (2) consideration of the admissible portions of the jurors’ declarations establish misconduct occurred, raising a rebuttable presumption of prejudice; and (3) the People failed to rebut the presumption of prejudice.