Results: 11 - 20 of 184
November 25, 2019
Attorney: Randall Conner
Categories:
In light of In re Ricardo P. (2019) 7 Cal.5th 1113, the court remanded the case to the juvenile court with instructions to strike the electronics search condition and, if appropriate, to recraft it more narrowly consistent with Supreme Court’s ruling.
November 22, 2019
Attorney: Audrey Chavez
Categories: Criminal Sentencing
The Court of Appeal held that appellant’s one-year prison term enhancement under Penal Code section 667.5, subd. (b) must be stricken in light of Senate Bill No. 136. Effective January 1, 2020, amended section 667.5, subd.(b) imposes that additional one-year term only for a prior prison term served for a sexually violent offense, which was not the case for appellant.
October 21, 2019
Attorney: Jennifer Sheetz
Categories: Delinquency Probation, Parole, PRCS, and Mandatory Supervision
The Court of Appeal concluded the juvenile court did not abuse its discretion in imposing an electronic search condition, but the condition must be narrowed on remand.
October 21, 2019
Attorney: Eric Larson
Categories:
A jury found the defendant guilty of sexual intercourse or sodomy with a child 10 years of age or younger (Pen. Code, § 288.7, subd. (a)), among other offenses. However, the Court of Appeal found that insufficient evidence proved that the charged offense occurred on or after the statute’s effective date and therefore reversed the conviction.
September 25, 2019
Attorney: Nathaniel Miller
Categories:
The Court of Appeal found that insufficient evidence supported the juvenile court’s finding that the minor committed a battery against a police officer (PC sec. 242) or that he resisted arrest (PC sec. 148, subd. (a)(1)). As to the battery, the court found that the minor’s contact with the officer was incidental to his attempt to move away from the officer’s hand, and that the contact was neither willful nor harmful or offensive (two required elements of battery). As for the resisting arrest charge, the court found that the officer was not enforcing any disciplinary rules in his encounter with the minor, that the officer had only requested (not ordered) the minor to follow instructions, and that insufficient evidence supported that the minor knew or reasonably should have know that the officer was engaged in the performance of his duties when he grabbed the minor’s arm.
September 20, 2019
Attorney: Elizabeth Grayson
Categories: Delinquency Probation, Parole, PRCS, and Mandatory Supervision
Although the Court of Appeal found no abuse of discretion in the juvenile court’s decision to impose an electronic search condition, it found the condition imposed swept too broadly, and so remand for the juvenile court to consider imposing a narrower search condition.
August 28, 2019
Attorney: Bobbie Stein
Categories: Criminal Sentencing
The Court of Appeal remanded to the trial court with directions to consider whether to exercise its discretion to strike appellant’s five-year prior serious felony enhancement under Penal Code section 667, subdivision (a)(1).
July 25, 2019
Attorney: Nathaniel Miller
Categories:
The Court of Appeal found that, under the totality of the circumstances, the record did not affirmatively demonstrate that the defendant voluntarily and knowingly admitted the prior conviction allegation. In this case, the trial court accepted the defendant’s admission without advising him of his constitutional rights and obtaining waivers of those rights. The court also failed to advise the defendant of the specific consequences of his admission. The matter was, therefore remanded for a new adjudication of the prior conviction allegation, by admission after proper waivers or trial, and for resentencing.
June 25, 2019
Attorney: S. Lynne Klein
Categories:
The Court of Appeal reversed the termination of parental rights noting that despite regular relapses into substance abuse, the record demonstrated an uncommon consensus that mother was extremely loving and appropriate in all her interactions with her child. The juvenile court abused its discretion when it focused on the relapses rather than any information about the strength and quality of the parent-child relationship.
June 21, 2019
Attorney: Nicole Williams/Suzanne Davidson
Categories: Dependency General
Minors and the mother argued the juvenile court erred when it terminated dependency jurisdiction without allowing a contested hearing. The Court of Appeal agreed. The termination order was reversed and remanded for the juvenile court to hold a contested hearing and to allow appellants to present evidence on the issue.
Results: 11 - 20 of 184