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  • Entries: 1 - 5 of 1757


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People v. Alhambra, A147665 (Div. 5)
category/ies: Sentencing Error, One Strike, Section 654, Ex Post Facto
date posted: 2017-03-14
full opinion (PDF): not available
attorney: Jeffrey Kross
FDAP buddy:

Remand for sentencing errors: 1) Imposition of both determinate and indeterminate one-strike sentences on same counts (court should strike determinate terms); 2) Imposition of 25 years to life for crimes that at the time they were committed had maximum 15 years to life sentence, violating protection against ex post facto laws, and 3) 654 violation for failure to stay the sentence for count based on same conduct as another count.

In re Moyer, A147508 (Div. 5)
category/ies: Special Circumstances
date posted: 2017-03-14
full opinion (PDF): not available
attorney: Philip Brooks
FDAP buddy:

Special circumstance burglary-murder finding for LWOP sentence vacated and sentence modified to 25 years to life. Insufficient evidence of reckless indifference to life for daytime burglary, defendant not shown to be aware victim home, and fact she knew of victim's injuries and left did not establish reckless indifference to human life as that phrase has been interpreted by the federal and state supreme courts. Evidence suggested petitioner was a major participant in the underlying burglary, but not “reckless indifference to human life,” which requires subjective awareness that participation in felony involves grave risk of death.

In re J.L., A148098 (Div. 1)
category/ies: Proposition 47
date posted: 2017-03-13
full opinion (PDF): not available
attorney: Eileen A. Manning-Villar
FDAP buddy:

Reversed trial court's order denying defendant's Prop 47 petition to reclassify conviction for vehicle code section 10851, subdivision (a) offense. That offense can be a qualifying offense under Proposition 47. Here, the conviction was plainly for auto theft and the value of the stolen vehicle was less than $950.

People v. Vega-Robles, A137121 (Div. 1)
category/ies: First Degree Murder, Instructional Error
date posted: 2017-03-07
full opinion (PDF): not available
attorney: Joseph Shipp
FDAP buddy:

Reversed the conviction for murder for instructional error per People v. Chiu (2014) 59 Cal.4th 155 with remand to allow DA option of accepting 2nd degree murder or retrial.

In re Sean H., A141329 (Div. 2)
category/ies: Insufficiency of the Evidence, Juveniles, Lewd Acts
date posted: 2017-02-28
full opinion (PDF): not available
attorney: Violet Elizabeth Grayson
FDAP buddy:

The Court of Appeal reversed one of the sustained lewd acts violations (PC 288(a)) due to a lack of substantial evidence of sexual intent. Appellant was only 9 years old at the time the charged offense was allegedly committed. The record lacked sufficient evidence that appellant had reached puberty or was sexually aroused during the incident. The touching was fleeting, and, although he was alone with the younger girl at the time of the touching, they were in an area where they could have been encountered by others. In light of the reversal of one of the true findings, the Court of Appeal remanded the matter to the juvenile court for a new dispositional hearing.

 

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