In re Kowalczyk (Cal. Ct. App., Nov. 21, 2022, No. A162977) 2022 WL 17098702, at *1 Summary: Kowalczyk filed a petition for writ of habeas corpus challenging the trial court’s decision denying him bail. The California Supreme Court granted review and transferred the matter back to the Court of Appeal…
People v. Henderson (Cal., Nov. 17, 2022, No. S265172) 2022 WL 16985422, at *1 Summary: May a court impose concurrent sentences in cases falling under the habitual criminal, or “Three Strikes,” sentencing scheme? People v. Hendrix (1997) 16 Cal.4th 508, 512 (Hendrix) observed that scheme required imposition of consecutive sentences…
THE PEOPLE, Plaintiff and Respondent, v. MATTHEW TIMOTHY O’DAY, Defendant and Appellant. (Cal. Ct. App., Nov. 18, 2022, No.A162303) 2022 WL 17073545, at *1 Summary: O’Day with murder and assault with a deadly weapon but the charges were dismissed at the conclusion of a preliminary hearing. More than 12 years…
People v. Monroe (Cal. Ct. App., Nov. 16, 2022, No. A164777) 2022 WL 16957169, at *1 Summary: In 2005, Monroe was sentenced to a 31 year four month prison term, which term included seven enhancements: three firearm enhancements totaling 12 years eight months, three one-year prior prison term enhancements, and…
THE PEOPLE, Plaintiff and Respondent, v. MARIO GARCIA, Defendant and Appellant. (Cal. Ct. App., Nov. 10, 2022, No. A163046) 2022 WL 16848390, at *1–5 Summary: Garcia was sentenced to 24 years in prison after a jury found him guilty of assault on a peace officer with a semiautomatic firearm (Pen.…
People v. Buchanan (Cal. Ct. App., Nov. 8, 2022, No. H049838) 2022 WL 16828900, at *1 Summary: The Sixth Amendment guarantees an accused in a criminal prosecution the right to a speedy trial. The issue is whether a person cited and released on a written promise to appear under Penal…
People v. Machado (Cal. Ct. App., Oct. 31, 2022, No. B311023) 2022 WL 16548693 Summary: Machado, serving sentence for murder petitioned under Penal Code section 1172.6 which limited the application of felony-murder doctrine. Machado and the prosecution stipulated that he was eligible to have the conviction vacated and to be…
In re Foster (Cal. Ct. App., Nov. 1, 2022, No. A160713) 2022 WL 16570551, at *1 Summary: Foster, a state prison inmate, was sentenced in 1998 to an indeterminate term of 23 years to life. After the Board of Parole Hearings (the Board) found him suitable for parole in 2019,…
THE PEOPLE, Plaintiff and Respondent, v. CYNTHIA M. VARGAS, Defendant and Appellant. (Cal. Ct. App., Oct. 28, 2022, No. B313853) 2022 WL 15635424, at *2–3 Summary: Vargas was convicted of first degree murder (§ 187, subd. (a)) with use of a firearm (§ 12022.53, subds. (d), (e)(1)) and the jury…
People v. Duran (Cal. Ct. App., Oct. 27, 2022, No. B317640) 2022 WL 15121275, at *1 Summary: Duran was convicted of second degree murder in 1984 for a gang-related stabbing petitioned for relief under Penal Code section 1172.6 (former section 1170.95). During the evidentiary hearing, the prosecution introduced statements that…