The Court of Appeal reversed the trial court’s order denying appellant’s petition for resentencing under Penal Code section 1172.6, concluding that nothing in the record demonstrated appellant was ineligible for relief as a matter of law or refuted the allegations appellant set forth in his petition. The court therefore remanded the matter to the trial court to issue an order to show cause and hold an evidentiary hearing pursuant to section 1172.6, subdivision (d)
A165099
- December 8, 2022
- Division: Three
- Attorney: John Ward
- Categories: Criminal, Sentencing
A165381
- December 1, 2022
- Division: Five
- Attorney: Mi Kim
- Categories: Criminal, Probation, Parole, PRCS, and Mandatory Supervision
The Court of Appeal struck the following three probation conditions, finding that they each amounted to an improper delegation of judicial authority: (1) “Enroll in and successfully complete the Community Corrections Service Center program if required by the Probation Officer…”; (2) “Immediately enroll in, pay for, and successfully complete an alcohol and drug problem assessment program, if directed by the Probation Officer”; and (3) “Enroll in, pay for, and successfully complete an outpatient treatment program or a residential treatment program if required and as chosen by the Probation Officer…”
A163083
- November 29, 2022
- Division: Five
- Attorney: Rachel Belden
- Categories: Civil Commitment
In an appeal from an SVP commitment following a bench trial, appellant argued that the lack of a requirement that SVPs personally waive their jury trial right violates equal protection given that there is such a requirement for MDOs and NGIs. The Court of Appeal agreed with the parties that SVPs are similarly situated to MDOs and NGIs in this context and, applying rational basis review, rejected the AG’s two proffered rationales for the disparate treatment. The court remanded “to give the People a meaningful opportunity to demonstrate a valid constitutional justification.”
A163555
- November 29, 2022
- Division: Two
- Attorney: Christopher Stansell
- Categories: Criminal, Sentencing
The Court of Appeal remanded for resentencing in light of two amendments (Senate Bill No. 567 (2021-2022 Reg. Sess.) and Assembly Bill No. 124 (2021-2022 Reg. Sess.)) to Penal Code section 1170, which limited the court’s ability to impose a sentence exceeding the middle term and created a presumption in favor of the low term under certain circumstances.
A165213
- November 23, 2022
- Division: One
- Attorney: Jamie Moran
- Categories: Dependency, ICWA
In an appeal from a WIC 366.26 hearing, the Court found the Agency erred when in failed to inquire of minor’s adult half-siblings and paternal uncles regarding any possible Indian ancestry. The error was not harmless. The juvenile court’s finding that ICWA does not apply was conditionally reversed and remanded for compliance with the inquiry and documentation provisions as to father’s family.
A163788
- November 21, 2022
- Division: Five
- Attorney: Eric Weaver
- Categories: Criminal, Sentencing
The Court of Appeal found that trial counsel rendered ineffective assistance of counsel by failing to request that the trial court exercise its discretion to strike or reduce the 25-year firearm enhancement (Pen. Code, § 12022.53, subd. (d)).
A162913
- November 18, 2022
- Division: One
- Attorney: John Halley
- Categories: Criminal, Fines, Fees, and Victim Restitution, Probation, Parole, PRCS, and Mandatory Supervision
The Court of Appeal struck a probation condition that required appellant to participate in mental health treatment and to “take all medication as prescribed.” In so doing, the Court found that the condition was unreasonable under Lent because the record contained no evidence that any medications were “reasonably necessary to deter or avoid future criminality” or that mental instability contributed to appellant’s offense. In light of AB 1869, which eliminated certain fees in criminal cases and rendered the unpaid balance of any such fees unenforceable and uncollectible, the court also vacated several administrative fees.
A163728
- November 18, 2022
- Division: Four
- Attorney: Kendall Wasley
- Categories: Criminal, Delinquency, Probation, Parole, PRCS, and Mandatory Supervision, Sentencing
The Court of Appeal found the probation condition that prohibited appellant from possessing sexually explicit images was unconstitutionally vague and overbroad. The court, therefore, modified the condition to add a knowledge requirement and apply to “materials that . . . have the primary purpose of causing sexual arousal.” The Court also remanded the case to the juvenile court with directions to specify the maximum term of confinement for appellant and credit against that term of confinement the time appellant spent in custody before the dispositional hearing.
A164363
- November 17, 2022
- Attorney: Jeffrey Glick
- Categories: Delinquency
The Court of Appeal remanded for a new hearing on the motion to transfer the minor from juvenile court to a criminal court in light of A.B. 2361 (2021-2022 Reg. Sess.), which requires the prosecution to demonstrate by clear and convincing evidence, rather than preponderance of the evidence, that “the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court” before transferring a minor’s case to adult criminal court, and requires a court ordering a transfer to recite the basis for its decision. In so doing, the court agreed with the parties that A.B. 2361 applies retroactively to non-final cases.
A162177
- November 17, 2022
- Attorney: Janet Gray
- Categories: Criminal, Sentencing
In an appeal from the denial of a petition for resentencing under Penal Code section 1172.6, the Court of Appeal found that the trial court considered hearsay evidence – including the out-of-court statements of non-testifying coparticipants identifying appellant as the shooter – that is now inadmissible post-S.B. 775. Therefore, the court remanded the matter for the trial court to conduct another evidentiary hearing in accordance with the current evidentiary standards of section 1172.6.