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People v. Dang, A145085 (Div. Four)
category/ies:
date posted: 2017-04-19
full opinion (PDF): not available
attorney: Mary Pougiales
FDAP buddy: Richard Such

The Court of Appeal reversed conviction for unlawful possession of paraphernalia in prison because the trial court ordered him visibly shackled throughout trial in front of the jury due to the absence of manifest need. Although appellant had not been involved in any violent conduct in the past four years and there was no evidence that he posed a flight risk, the trial court relied on the underlying circumstances of prior violent offense from eight years earlier and prior violent conduct in prison more than four years earlier. The Court of Appeal concluded the unjustified shackling was not harmless beyond a reasonable doubt.

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.

 

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