resources image
FDAP Victories
 Filter by Category

 Or, Search by Keyword


 Currently Displaying:

  • Category: All
  • Entries: 1 - 5 of 1909


> click here for tips on using this database and access to pre March 2005 victories

People v. Dominique B., A154600 (Div. 2)
category/ies: Probation Conditions
date posted: 2019-09-09
full opinion (PDF): not available
attorney: Jessica Ronco
FDAP buddy: Paula Rudman

The Court of Appeal found the drug related condition of probation – that appellant may not possess or use “drugs other than those prescribed to you be a doctor who is treating you” – was unconstitutionally vague and overbroad on its face because it prevented appellant from possessing or using over the counter medication. The court modified the condition to read: “Appellant shall not possess, use, or sell any drugs or intoxicants (including alcohol and marijuana), excluding pharmaceutical drugs prescribed by appellant’s doctor or legal nonprescription drugs.”

People v. Allison, A153527 (Div. 2)
category/ies: Certificates of Probable Cause, Sentencing Error, Consecutive Sentencing
date posted: 2019-09-09
full opinion (PDF): not available
attorney: Patrick McKenna
FDAP buddy: Jeremy Price

The Court of Appeal concluded that the defendant’s habeas order, which reduced his 51-year aggregate sentence to 45 years and 8 months, but contained an unlawful sentence, was not void because (1) the defendant was entitled to petition the superior court for a writ of habeas corpus without first obtaining a certificate of probable cause; (2) the superior court could change an unlawful sentence at any time and (3) the court could reconsider the sentence upon notice from the CDCR of its possible illegality.

People v. Zarate, A153400 (Div. 1)
category/ies: Failure to Instruct on Affirmative Defense
date posted: 2019-08-30
full opinion (PDF): not available
attorney: Cliff Gardner
FDAP buddy: J Bradley OConnel

The Court of Appeal found that the trial court erred in refusing to instruct the jury on the affirmative defense of momentary possession. Substantial evidence presented at trial permitted at least two reasonable inferences: (1) defendant knew he held a gun and did not possess it solely with an intent to dispose of it and (2) he was unaware he held a gun until it fired, at which time he threw it away to stop it from firing. Viewing the evidence in the light most favorable to the defense, the court concluded the trial court erred in failing to give the instruction. Because the error was prejudicial, the court of appeal reversed the judgment.

People v. Guzman-Garcia, A154054 (Div. 5)
category/ies: Presentence Credits
date posted: 2019-08-29
full opinion (PDF): not available
attorney: Victoria Stafford
FDAP buddy: JBO

Court of appeal modified the judgment to award appellant one additional day of custody credits.

People v. Hendrix, A155792 (Div. 4)
category/ies: Lack of Jurisdiction Before Remittitur Issues, Right to be Present
date posted: 2019-08-29
full opinion (PDF): not available
attorney: Janice Wellborn
FDAP buddy: Paula Rudman

The Court of Appeal found that the trial court lacked jurisdiction to conduct a resentencing hearing while appellant’s petition for review was pending in the California Supreme Court and improperly denied counsel’s request that appellant be present for the resentencing hearing. The AG conceded that the court erred in both respects.

 

HOME | ABOUT FDAP | NEWS | CLAIMS | CONTACT US | DISCLAIMER
Copyright © 2019 First District Appellate Project. All rights reserved