People v. Superior Court of Ventura County (Cal., Dec. 12, 2024, No. S281950) 2024 WL 5100944 Summary: The Supreme Court held that: The Superior Court had no authority to reduce wobbler offense; The order reducing wobbler offense was not appealable;An unauthorized order reducing wobbler offense is act in excess of…
San Francisco Criminal Lawyer Blog
Authorized possessor can give consent for search of cell phone
People v. Clymer (Cal. Ct. App., Dec. 4, 2024, No. A166279) 2024 WL 4983030, at *1 Summary: Clymer, pled no contest to possession of diazepam for sale. On appeal, he challenges the trial court’s denial of a motion to quash and suppress evidence obtained from searches of electronic devices. The…
Limitation On Credit To Advance A YouthParole Eligibility Date Do Not Violate Equal Protection Of Law
In re Nguyen (Cal. Ct. App., Nov. 27, 2024, No. B329158) 2024 WL 4901809, at *1 Summary: Nguyen was sentenced to an indeterminate prison term with the possibility of parole. Penal Code section 3046 establishes a minimum eligible parole date (MEPD) for when that hearing will occur. Additionally, because Nguyen…
CHP Vehicle Impound Procedures Comply With Due Process
ROBERT MANN, Plaintiff and Respondent, v. STATE OF CALIFORNIA, Defendant and Appellant. (Cal. Ct. App., Oct. 30, 2024, No. B328374) 2024 WL 4834847, review denied (Nov. 20, 2024) Summary: The State of California and the California Highway Patrol (CHP) appeal from a judgment requiring it to revise its vehicle impound…
Public Defender’s Removal for RJA Violation upheld
Sanchez v. Superior Court of San Bernardino County (Cal. Ct. App., Oct. 22, 2024, No. E083015) 2024 WL 4717472, at *1–2 Summary: Sanchez filed for a writ of mandate ordering respondent superior court to vacate its order directing the San Bernardino County Public Defender (public defender) to assign a new…
Gun Violence Restraining Order (GVRO) statute complies with Second Amendment
Mountain View Police Department v. Krepchin (Cal. Ct. App., Nov. 4, 2024, No. H050872) 2024 WL 4664207 Summary:Police department filed application for emergency gun violence protective order against Krepchin , and after it was issued, applied for three-year gun violence restraining order (GVRO). The Superior Court, Santa Clara County, granted…
Discovery is available prior to filing a petition under the Racial Justice Act
People v. Serrano (Cal. Ct. App., Oct. 29, 2024, No. C100856) 2024 WL 4611666, at *1 Summary: Serrano appealed from an order denying a stand-alone postjudgment motion for discovery related to potential violations of the California Racial Justice Act (Act). (Pen. Code,§ 745, subd. (d).) The issue is whether the…
Due process violation in denying assistance of experts at contested suitability hearing for Sexually Violent Predator (SVP)
Price v. Superior Court of Butte County (Cal. Ct. App., Oct. 23, 2024, No. C100920) 2024 WL 4553015, at *1–4 Summary: In 2006, Price was admitted to the State Department of State Hospitals as a sexually violent predator. In 2022, the superior court found that Price was suitable for conditional…
Peace Officer Records are discoverable in 1172.6 Evidentiary Hearing
People v. Nuno (Cal. Ct. App., Oct. 17, 2024, No. H051205) 2024 WL 4512214, at *1 Summary: The issue in this appeal was whether Nuno, under Penal Code section 1172.6, may obtain discovery of material, exculpatory evidence in peace officer personnel records under Brady v. Maryland (1963) 373 U.S. 83…
Trial court must consider service related PTSD in sentencing
People v. Moseley (Cal. Ct. App., Oct. 8, 2024, No. G062697) 2024 WL 4440601 Summary: Mosley was convicted of voluntary manslaughter as lesser included offense of murder. Mosley appealed. The Court of Appeal held that trial court was statutorily required to consider Mosley’s service-related Post Traumatic Stress Disorder (PTSD) in…