Latest First District Victories

Results: 11 - 20 of 184

A155561

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.

A155725

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.

A155127

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.

A155281

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.

A155082

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.

A154923

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.

A155022

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).

A155354

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.

A155263

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.

A155635

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

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