Claypool v. Superior Court of Sacramento County (Cal. Ct. App., Dec. 6, 2022, No. C096620) 2022 WL 17422679, at *1 Summary: Claypool was charged with possession of a firearm by a felon, unlawful possession of ammunition by a felon, unauthorized alteration of a firearm, and carrying a loaded firearm in…
People v. Ramirez (Cal., Dec. 5, 2022, No. S262010) 2022 WL 17410568, at *1 Summary: Although a criminal defendant has a constitutional right to be present at trial, once trial has commenced in the defendant’s presence in a noncapital felony case, the trial court may continue the trial in the…
THE PEOPLE, Plaintiff and Respondent, v. ISMAEL AVALOS, Defendant and Appellant. (Cal. Ct. App., Nov. 4, 2022, No. G059107) 2022 WL 17401172 Summary: Avalos, an 18-year-old high school student, was arrested on a murder charge and questioned him in an interrogation room at a police station. During the interview, a…
People v. Braggs (Cal. Ct. App., Nov. 30, 2022, No. H049710) 2022 WL 17335172, at *1 Summary: In 2014, Braggs pleaded no contest to second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c))1 and second degree burglary (§§ 459, 460, subd. (b)). Braggs admitted that he had suffered two…
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…