Latest First District Victories

Results: 181 - 184 of 184

A147669

December 12, 2018

Attorney: Cynthia Jones

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Remand to trial court to determine whether to strike a five-year enhancement under Penal Code section 667, subdivision (a)(1) authorized by a recently enacted amendment to Penal Code section 1385, subdivision (b).

A147411

November 16, 2018

Attorney: Victoria Stafford

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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.

A147219

July 17, 2017

Attorney: Mark D. Johnson

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Court of Appeal reversed order for defendant to pay $250 for defense costs for representation. The defendant himself objected to the fee and Court found that the record was insufficient to support a finding of ability to pay where the defendant was sentenced to two years in prison.

A146857

June 12, 2018

Attorney: Stephen Bedrick

Categories:

Court of Appeal reversed second degree murder conviction based on two trial court errors: 1) Evid Code section 352. Trial court abused its discretion by admitting evidence of an uncharged carjacking where the carjacking victim had not identified appellant and the carjacking had little to no probative value to issues at trial, but the evidence was extremely prejudicial as appellant was driving the car the next day which implicated him in the carjacking after the fact and suggested he was engaged in repeated, violent criminal activity.  2) Evid. Code section 1103. Trial court abused discretion by excluding all evidence of victim’s violent character, which gave a false aura of peaceableness. Also court lacked a basis for excluding some of the evidence where it did not hear proffered testimony. The evidence was prejudicial where there was enough uncertainty about [appellant’s] role in the shooting to heighten the importance of evidence that may have influenced the jury’s general perceptions of him.

Results: 181 - 184 of 184

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