Gardner v. Appellate Division of Superior Court of San Bernardino County (Cal. Ct. App., Nov. 12, 2019, No. E066330) 2019 WL 5886241, at *1–4 Right to appointed counsel on appeal in a misdemeanor case The California Supreme Court held that, when the People appeal from a suppression order in a…
Articles Posted in New Case Law
Trial court erred in dismissing re-sentencing petition for felony murder
Trial court erred in dismissing re-sentencing petition for felony murder People v. Ramirez, 2019 WL 5387737 (Cal.App. 2 Dist.), 5 (Cal.App. 2 Dist., 2019) Not Reported in Cal.Rptr., 2019 WL 5387737 Summary: Raymond Salvador Ramirez (defendant) appealed from the summary denial of his petition filed pursuant to Penal Code section…
Police cannot automatically conduct a pat down search of a robbery suspect for weapons
In re Jeremiah S. (Cal. Ct. App., Oct. 18, 2019, No. A155856) 2019 WL 5302782, at *1–7 The robbery, detention, pat search and arrest arrest of Jeremiah S. On July 2, 2018, Ornin Gosuwin was carrying a shoulder bag and holding an iPhone as she walked on Spear Street toward…
A complaint dismissed for prosecutorial vindictiveness cannot be refiled
People v. Sanchez, 2019 WL 5304531 (Cal.App. 1 Dist.) (Cal.App. 1 Dist., 2019) Summary: Angel Sanchez (Sanchez) was charged by re-filed complaint with robbery, assault with a deadly weapon on a transit passenger, and receiving stolen property. The magistrate granted Sanchez’s motion to dismiss the complaint for prosecutorial vindictiveness, The…
Prosecution Must Justify a Delay in Charging a Defendant When Prejudice Has Been Shown
Dickerson v. Superior Court of Alameda Cty., 40 Cal. App. 5th Supp. 1, 252 Cal. Rptr. 3d 871, 874–82 (Cal. App. Dep’t Super. Ct. 2019) Petitioners contend that delays in charging each of them resulted in a deprivation of due process rights under the California Constitution. In both cases, the…
Receiving a Stolen Vehicle Valued at $950 or Less May be Treated as a Misdemeanor under Prop. 47
People v. Wehr, No. E070345, 2019 WL 5166227, at *1–8 (Cal. Ct. App. Oct. 15, 2019) Proposition 47 and Receipt of Stolen Property The Safe Neighborhoods and Schools Act (Proposition 47) amended Penal Code § 496 so that receiving any stolen property worth $950 or less is a misdemeanor. (§…
Suppression Of Illegally Obtained Evidence Cannot Be Litigated On A Motion To Dismiss Under Section 991
Barajas v. Appellate Division of Superior Court of Los Angeles County, 2019 WL 4894231 (Cal.App. 2 Dist.) (Cal.App. 2 Dist., 2019) Arraignment on Misdemeanor charge of carrying a dirk or dagger Eliseo Barajas was arrested and arraigned on a misdemeanor charge of carrying a dirk or dagger. Barajas sought to…
Franklin Proceedings available to juvenile lifers sentenced after People v. Franklin (2016) was decided.
THE PEOPLE, Plaintiff & Respondent, v. MICHAEL DAMION JUDE MEDRANO, Defendant & Appellant, No. E070042, 2019 WL 4894333 (Cal. Ct. App. Oct. 4, 2019) Medrano sentenced to life at age 19 Michael Damion Jude Medrano was 19 years old when he committed the crimes of one count of first degree…
Aider and abettor found guilty of felony-murder special circumstance is not eligible for re-sentencing under SB 1437
People v. Gutierrez-Salazar, 38 Cal. App. 5th 411, 251 Cal. Rptr. 3d 178 (Ct. App. 2019), reh’g denied (Aug. 30, 2019) Defendant Dionicio Gutierrez-Salazar was by a jury of two murders for homicides committed in 2013 and 2015. As to the 2013 homicide, defendant was convicted of first degree murder…
Hearsay Admissible to Deny Dismissal or Reduction of Marijuana Convictions under Proposition 6
People v. Hall, No. 2D CRIM. B292330, 2019 WL 4267761 (Cal. Ct. App. Sept. 10, 2019) Proposition 64 and reduction of marijuana convictions Proposition 64, an initiative measure known as “the Control, Regulate and Tax Adult Use of Marijuana Act,” amended section 11360 and added new sections 11361.8 and 11362.1.…