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FDAP Victories
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  • Entries: 1 - 5 of 1836

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People v. Brown A153191 (Div. 4)
category/ies: Degree of Offense
date posted: 2019-02-27
full opinion (PDF): not available
attorney: Paul Couenhoven
FDAP buddy: Jeremy Price

Aggregating the value of stolen property taken in two distinct transactions and charging the defendant with a single felony (as opposed to multiple misdemeanor counts) based on that value was improper in light of the receipt theory of liability elected by the People at trial. Matter remanded to the trial court to reduce the receiving stolen property (Pen. Code § 496, subd. (a)) conviction from a felony to a misdemeanor and for resentencing.

People v. Garza A147787 (Div. 3)
category/ies: Lesser Included Offenses, Sex Offenses
date posted: 2019-01-31
full opinion (PDF): not available
attorney: John Schuck
FDAP buddy: Paula Rudman

A jury convicted appellant of sexual penetration of a person prevented from resisting by an intoxicating substance (PC § 289, subd. (e)), as well as simple battery (PC § 242). The Court of Appeal reversed the simple battery conviction, finding it was a lesser included offense of the unlawful sexual penetration as defined by section 289, subd. (k)(1).

People v. Green A155744 (Div. 4)
category/ies: Parole, Conditions
date posted: 2019-01-31
full opinion (PDF): not available
attorney: Jeremy Price
FDAP buddy:

The trial court improperly revoked appellant’s parole because he did not know his wife kept a gun in their bedroom closet. Although appellant was paroled with a weapons restriction, both parties agreed on appeal that the weapons restriction should have been construed to include a knowledge requirement. The Court of Appeal reversed the judgment revoking appellant’s parole.

In re O.B. A153432 (Div. 5)
category/ies: Dual Convictions, Juveniles
date posted: 2019-01-22
full opinion (PDF): not available
attorney: Elizabeth Eng
FDAP buddy: Jeremy Price

The Court of Appeal reversed a receiving stolen property charge, finding that a criminal defendant (even those involved in a juvenile adjudication) cannot be convicted of both carjacking and receiving stolen property, or of robbery and receiving stolen property, when the same property underlies both offenses.

People v. Walker A151650 (Div. 2)
category/ies: Abstract of Judgment Error, Criminal Threat, Section 654
date posted: 2019-01-17
full opinion (PDF): not available
attorney: Jamie Weyand
FDAP buddy:

Because the attempted carjacking (Pen. Code, 215, subd. (a)) and criminal threats (Pen. Code, § 422) at issue in this case comprised an indivisible transaction in which appellant had a single intent and objective, the trial court’s imposition of concurrent sentences for these offenses violated Penal Code section 654, which prohibits multiple punishment for a single act or omission, or an indivisible course of conduct. The Court of Appeal, therefore, stayed the criminal threats sentence.


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