People v. Bey (Cal. Ct. App., Jan. 16, 2025, No. B335964) 2025 WL 209939, at *1 Summary: Bey appealed his conviction of possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1); and carrying a loaded firearm in public (§ 25850, subd. (a). Bey claimed it violated…
Articles Posted in New Criminal Case Law
Racial Justice Act claim must be preserved in trial court to be appealed
People v. Corbi (2024) 106 Cal.App.5th 25, 35 [327 Cal.Rptr.3d 284, 289], as modified on denial of reh’g (Nov. 20, 2024), review filed (Dec. 4, 2024) Summary: Corbi was convicted in the Superior Court, San Diego County, of second degree murder with a firearm enhancement. Corbi appealed. The Court of…
Order denying request for resentencing is not appealable
People v. Hodge (Cal. Ct. App., Dec. 27, 2024, No. B337339) 2024 WL 5243001, at *1 Summary: Hodge filed a notice of appeal from a trial court order denying relief for (1) a motion under the Racial Justice Act (Pen. Code, § 745); and (2) a request for resentencing under…
Dana Stubblefield’s conviction reversed because of Violation of Racial Justice Act
People v. Stubblefield (Cal. Ct. App., Dec. 26, 2024, No. H048598) 2024 WL 5231745, at *1–2 Summary: A jury found Stubblefield guilty of forcible rape, forcible oral copulation, and false imprisonment of Jane Doe, an intellectually disabled woman. The jury found he personally used a firearm in the commission of…
A gun does not need to be loaded to commit assault with a firearm
People v. Lattin (Cal. Ct. App., Dec. 18, 2024, No. D083262) 2024 WL 5153046, at *1 Summary: Lattin contends a gun must be loaded to commit assault with a firearm unless it is used as a club or bludgeon. (Pen. Code, § 245, subd. (a)(4).) He argues that the present…
Superior Court had no authority to reduce a wobbler offense
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…
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…
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…