In the Supreme Court of California, Miguel Angel Estrada, Petitioner, v.The Superior Court of the City and County of San Francisco, Respondent; The People, Real Party in Interest. Andrew Kuhaiki, Petitioner, v. The Superior Court of the City and County of San Francisco, Respondent; The People, Real Party in Interest. PETITION FOR…
People v. Vaca (Cal. Ct. App., Mar. 30, 2023, No. A164953) 2023 WL 2706473, at *1 Summary: Vaca successfully moved under Penal Code section 1473.7 to vacate his conviction and withdraw his no contest plea. He appealed from the trial court’s order denying his motion to dismiss the criminal complaint…
Association of Deputy District Attorneys for Los Angeles County v. Gascon (Prosecutors have a mandatory duty to allege strikesCal. Ct. App., June 2, 2022, No. B310845) 2022 WL 1797864, at *1–3 Scope of prosecutorial discretion Issues on appeal: 1. Can the voters, through the initiative process, or the Legislature, through…
The People, Plaintiff and Respondent, v. Sheldon Vaughn Silas et al., Defendants and Appellants. (Cal. Ct. App., Sept. 17, 2021, No. A150512) 2021 WL 4236771 Summary: Defendants Sheldon Silas, Reginald Whitley, Lamar Michaels, and Linda Chaney, all of whom are Black, were tried for crimes related to the murders of…
People v. Williams (Cal. Ct. App., June 17, 2021, No. E074162) 2021 WL 2472953, at *1–4 Summary: A trial court exercising its discretion pursuant to section 1170 of the Penal Code to recall a sentence and enter a reduced term must: (i) give the parties notice and an opportunity to…
People v. Marrero (2021) 60 Cal.App.5th 896 Summary: Armando Milan Marrero pleaded guilty to driving under the influence of alcohol and causing bodily injury to another person (Veh. Code, § 23153, subd. (a)). The trial court suspended imposition of sentence for five years and granted formal probation. Two victims retained…
People v. Valliant (Cal. Ct. App., Oct. 14, 2020, No. G058568) 2020 WL 6054332, at *1–6 Summary: Valliant petitioned pursuant to Penal Code section 1170.91, subdivision (b),1 which authorizes recall of sentencing for military veterans who suffer from military-related trauma and substance abuse, who did not have those factors considered…
People v. DelRio (Cal. Ct. App., Aug. 31, 2020, No. B298637) 2020 WL 5104917 Facts: DelRio and his cousin Raul Prieto had a gunfight in front of a house on a cul-de-sac. Prieto shot his nine-millimeter pistol 15 times but missed every time. DelRio fired his .40-caliber pistol twice and…
People v. Ogaz, 2020 WL 4581253 (Cal.App. 4 Dist., 2020) 07/14/2020; Modified 08/10/2020 Summary: Ignacio Ogaz appealed his conviction for and argued that his Sixth Amendment right to confront adverse witnesses was violated by the admission of drug testing evidence. The Court of Appeal held that the confrontation clause requires…
People v. Barton (Cal. Ct. App., Aug. 4, 2020, No. F076599) 2020 WL 4462790 Facts: Barton pleaded guilty to furnishing methamphetamine (Health & Saf. Code, § 11379, subd. (a)) and maintaining a place for the sale of a controlled substance (id., § 11366). Barton admitted to having twice been convicted of…