THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; JESSICA ORTIZ, Real Party in Interest. (Cal. Ct. App., July 28, 2022, No. E077594) 2022 WL 2981170, at *1–2 Summary:Penal Code section 1001.95 authorizes superior court judges to offer pretrial diversion, over the prosecution’s objection, to persons being prosecuted…
People v. Murphy (Cal. Ct. App., May 25, 2022, No. B306773) 2022 WL 1673827, at *1 Summary: Murphy appealed his three convictions for second degree murder. (Pen. Code, § 187, subd. (a).). The court sentenced him to three concurrent terms of 15 years to life in prison, Murphy argued that…
ALICIA URBIETA ISLAS, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest. (Cal. Ct. App., May 20, 2022, No. H049445) 2022 WL 1597051, at *1–3 Summary: Islas was charged with misdemeanor driving under the influence of alcohol (DUI). (Veh. Code, § 23152, subds.…
Grassi v. Superior Court of Orange County (Cal. Ct. App., Dec. 28, 2021, No. G060362) 2021 WL 6124764, at *1 Summary: Grassi filed a petition for writ of mandate after the trial court concluded that she was statutorily ineligible for misdemeanor diversion. Grassi claims that Penal Code section 1001.95’s plain…
People v. Nault (Cal. Ct. App., Dec. 20, 2021, No. B306460) 2021 WL 5997961, at *1–3 Summary: Nault, driving whiledrunk after four previous DUI convictions tried to pass an 18-wheeler on a narrow road. Nault’s pickup hit an oncoming car and killed its driver. While Nault was unconscious from the…
People v. Grabham (Cal. Ct. App., Aug. 31, 2021, No. A160384) 2021 WL 3909628, at *1 Summary: Grabham was convicted of violating Vehicle Code 1 section 23152, subdivision (a) (section 23152(a)) and section 23152, subdivision (b) (section 23152(b)). Grabham arguesd that section 23152(a) and (b) are different statements of the…
People v. Sup. Ct. (Espeso); BS 175803; 7/14/21; Los Angeles Superior Court App. Div. ruled no diversion for DUI People v. Sup. Ct. (Diaz‑Armstrong); APR12100008; 7/27/21; Riverside Sup. Ct. App. Div.-ruled diversion available for DUI There is a split on this question. The Riverside Superior Court appellate division says that…
People v. Schulz (Cal. Ct. App., July 20, 2021, No. F080978) 2021 WL 3047264, at *2–8 Summary: Schulz appealed claiming that the trial court abused its discretion when it declined to reduce his felony convictions for driving under the influence of alcohol to misdemeanors pursuant to Penal Code section 17,…
People v. Cummings (Cal. Ct. App., Mar. 3, 2021, No. C084505) 2021 WL 803686, at *1–5 Summary:Cummings entered a plea of no contest to attempted driving with a blood alcohol-level of 0.08 percent or more within 10 years of a felony conviction for driving under the influence (DUI) (Pen. Code,…
David Peter Moore, Sr., Petitioner, V. The Superior Court of Riverside County, Respondent; THE PEOPLE, Real Party in Interest. Court of Appeal, Fourth District, Division 2, California. December 11, 2020 — Cal.Rptr.3d —- 2020 WL 7296513 Summary: Vehicle Code section 23640 and its predecessor, Vehicle Code former section 23202, have generally…