People v. Virgen (Cal. Ct. App., Apr. 7, 2025, No. B333314) 2025 WL 1032450 Summary: Virgen was convicted of second-degree murder and was sentenced to 15 years to life in prison. The Court of Appeal held that: Thr trial court committed instructional error when it used two pattern jury instructions…
San Francisco Criminal Lawyer Blog
Ex felon in possession of flare gun in not in possession of a weapon
People v. Gomez (Cal. Ct. App., Apr. 7, 2025, No. H051210) 2025 WL 1024681, at *1 Summary: Police found a flare gun in Gomez’s possession. Based on an officer’s testimony describing the flare gun, the trial court found Gomez guilty of possessing a firearm as a felon under Penal Code…
Statements made at Parole Hearing are admissible at resentencing hearing
People v. Rodriguez (Cal. Ct. App., Apr. 7, 2025, No. B332704) 2025 WL 1023731, at *1 Summary: Rodriguez appealed from an order denying his petition for resentencing under Penal Code section 1172.6, contending that the trial court erred in admitting statements he made in a letter to the Board of…
California Supreme Court reverses death penalty conviction because a juror was erroneously discharged
People v. McGhee (Cal., Apr. 3, 2025, No. S169750) 2025 WL 1000847, at *1 Summary: A jury convicted McGhee of three counts of first degree murder and four counts of attempted murder. (Pen. Code, §§ 187, 664, subd. (a); The jury found true the special circumstances that he committed multiple…
Officer’s failure to inform Kazelka that the PAS testing was voluntary does not require the test’s exclusion at DMV hearing
Kazelka v. California Department of Motor Vehicles (Cal. Ct. App., Mar. 27, 2025, No. A163664) 2025 WL 923651, at *1–2 Summary: At an administrative hearing, a California Department of Motor Vehicles (DMV) hearing officer concluded that Kazelka had been driving under the influence and temporarily suspended his license. The trial…
Equal protection not violated by three year parole term for lifers released on parole after 2020
Summary: Annette Gaylene Batten served a life term for murder and was released on lifetime parole in 2017. In 2023, she committed two parole violations. Penal Code section 3000.08, subdivision (h) required the court to remand her to the custody of the California Department of Corrections and Rehabilitation (CDCR). Batten…
Cutting the gate hasp and lock on a truck constitutes entry into the locked vehicle.
People v. Gray (Cal. Ct. App., Mar. 12, 2025, No. C099048) 2025 WL 783249, at *1 Facts: A jury found Gray guilty of second degree burglary of a vehicle, attempted second degree burglary of a vehicle, conspiracy to commit theft, vandalism, and possession of burglar’s tools. The trial court sentenced…
Defendant seeking dismissal for a speedy trial violation under the state constitution must affirmatively demonstrate prejudice
People v. Martinez (Cal. Ct. App., Feb. 7, 2025, No. E082657) 2025 WL 429628 Summary: Martinez was charged with grand theft, acting as contractor without a license, requiring a downpayment in excess of $1,000, and unlawfully receiving payments in excess of the work performed, filed motion to dismiss based on…
Due Process Clause forbids the introduction of evidence so unduly prejudicial as to render a criminal trial fundamentally unfair
Andrew v. White (U.S., Jan. 21, 2025, No. 23-6573) 2025 WL 247502 Summary: Supreme Court’s decision in Payne v. Tennessee, 111 S.Ct. 2597, that Due Process Clause can in certain cases protect against introduction of unduly prejudicial evidence at criminal trials, was a “holding,” for purposes of federal habeas review…
Trial court abused its discretion in not renewing Domestic Violence Restraining Order
Navarro v. Cervera (Cal. Ct. App., Jan. 22, 2025, No. A169830) 2025 WL 262412, at *1 Summary: Navarro appeals from an order denying her request to renew her domestic violence restraining order (DVRO) against Cervera. Navarro asserts the trial court abused its discretion in concluding her fear of future abuse…