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  • Entries: 1 - 5 of 1804

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People v. Lacy, A147411 (Div. 3)
category/ies: Retroactive Application of Statutory Amendment
date posted: 2018-11-16
full opinion (PDF): not available
attorney: Victoria Stafford
FDAP buddy: Jeremy Price

The Court of Appeal held that Senate Bill No. 1393 newly vesting trial courts with discretion to dismiss 5-year serious prior felony conviction enhancements is retroactive under Estrada and remanded to the trial court for resentencing.

People v. Cortez A154352 (Div. 2)
category/ies: Probation Revocation
date posted: 2018-11-15
full opinion (PDF): not available
attorney: Jamie Weyend
FDAP buddy:

Court reversed order revoking probation based on unsuccessful termination from drug court. Trial court found failure to appear in drug court not willful. Appellate court found that the prosecution did not meet its burden to show either willful violation or that the violation of the condition frustrated the assumptions underlying the grant of probation.

In re J.V. A150474 (Div. 4)
category/ies: Juveniles, Probation Conditions
date posted: 2018-11-15
full opinion (PDF): not available
attorney: Sidney Hollar
FDAP buddy: Paula Rudman

1) Probation condition requiring minor to “obey all rules and regulations” of electronic monitoring program was vague where the court could “only guess what the ‘rules and regulations’ of the EMP may be.” 2) Condition that monitoring by “responsible adult” was vague and the court struck the term “responsible." 3) Condition prohibiting possession or viewing of “pornographic material” modified to require the probation officer to specify materials. Court also held that condition not to possess or utilize electronic data storage devise that automatically or remotely deletes data was overbroad “because it could prevent Minor from using a public or school library computer. . . .”

People v. Gilliam A152811 (Div. 2)
category/ies: Parole, Revocation of parole
date posted: 2018-11-15
full opinion (PDF): not available
attorney: Richard Schwartzberg
FDAP buddy: Richard Braucher

Reversed order revoking parole that was based on battery and resisting arrest due to "overwhelming" evidence that appellant was unconscious. Trial court abused discretion in concluding that appellant was acting in a rational way and thus conscious where such a finding “was not supported by substantial evidence.” Evidence showed appellant suddenly behaved in a bizarre manner after smoking several cigarette butts. He acted consistently with having smoked a drug (unknowingly), and the expert testimony supported a finding of unconsciousness due to hyperactive delirium.

People v. Washington A146433 (Div. 5)
category/ies: Enhancements, Firearm Use, Juveniles, Transfer Hearing
date posted: 2018-11-09
full opinion (PDF): not available
attorney: Peter Gold
FDAP buddy: Richard Braucher

Appellant entitled to transfer hearing per Prop 57 and People v. Superior Court (Lara) (2018) 4 Cal.5th 299. If juvenile court retains jurisdiction, it will impose appropriate disposition. If transferred to adult court, convictions reinstated. Remand also for court to exercise discretion whether to strike gun-use enhancements.


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