People v. Vizcarra (Cal. Ct. App., Oct. 19, 2022, No. D078869) 2022 WL 10869162, at *1 Summary:Vizcarra was convicted of the second degree murder he committed with three co-defendants. The district attorney charged Vizcarra with murder and arson of an inhabited structure and argued alternative theories of murder liability: (1)…
Articles Posted in New Criminal Case Law
Youth offenders sentenced to LWOP are entitled to Youth Offender Parole Hearing and Franklin Hearing
People v. Hardin (Cal. Ct. App., Oct. 18, 2022, No. B315434) 2022 WL 10272623, at *1 Youth Offender Parol Hearings and Franklin Hearings An individual convicted of a crime with a sentence of life without the possibility of parole before he was 18 years old is eligible for release on…
Dismissal of charges not the remedy for unreasonable delay in notifying prisoner of California detainer
People v. Nguyen (2022) 82 Cal.App.5th 888 [298 Cal.Rptr.3d 877, 879–885, 82 Cal.App.5th 888] Summary: Under the Interstate Agreement on Detainers (Detainer Agreement, Pen. Code, § 1389), a person serving a sentence of imprisonment in one participating state who has a detainer for charges pending in another participating state may…
District Attorney may be recused for hostility to Black Lives Matter
People v. Lastra (Cal. Ct. App., Aug. 31, 2022, No. 2D CRIM. B309895) 2022 WL 4493826, at *1, as modified on denial of reh’g (Sept. 28, 2022) Summary: College students faced criminal charges for marching through the City of San Luis Obispo following the murder of George Floyd, Jr. in…
Trial court has discretion to impose a lesser uncharged firearm enhancement
People v. Johnson (Cal. Ct. App., Oct. 4, 2022, No. C094491) 2022 WL 4905411, at *1–2 Summary: The trial court has broad discretion to impose a lesser uncharged firearm enhancement provided for by Penal Code section 12022.5, subdivision (a), when it exercises its discretion to strike a Penal Code section…
Civil settlement in a civil case does not discharge obligation to pay restitution in the criminal case
THE PEOPLE, Plaintiff and Appellant, v. NOLAN TAKAO NONAKA, Defendant and Respondent. (Cal. Ct. App., Sept. 30, 2022, No. 2D CRIM. B313848) 2022 WL 4591497, at *1–3 Summary: The People appeal the denial of the motion for victim restitution, including attorney fees and costs, after Nonaka was convicted by plea…
No First Amendment Right to Unseal Search Warrants
ELECTRONIC FRONTIER FOUNDATION, INC., Plaintiff and Appellant, v.The SUPERIOR COURT OF SAN BERNARDINO COUNTY, Defendant and Respondent; San Bernardino County District Attorney’s Office et al., Real Parties in Interest and Respondents. E076778; Filed September 15, 20222022 WL 4243552 (Cal.App. 4 Dist.) Summary: Background: A Civil-liberties organization filed a petition to unseal search warrants…
Juvenile offenders sentenced to de facto life without parole sentences may petition for resentencing
The PEOPLE, Plaintiff and Respondent, v.Frank Eli HEARD, Defendant and Appellant; D079237; Filed September 20, 20222022 WL 4353385 (Cal.App. 4 Dist.) Summary: Heard was sentenced to a term of 23 years plus 80 years to life for two counts of attempted willful, deliberate and premeditated murder for a drive-by shooting he…
District Attorney Lacks Standing to Challenge SB 394 Parole Hearings for 16 or 17 year-olds Sentenced to LWOP
The PEOPLE, et al., Plaintiffs and Respondents, v.BOARD OF PAROLE HEARINGS, Defendant and Appellant; Nathan Joshua Ramazzini, Real Party in Interest and Appellant. C093941,Filed September 15, 2022 2022 WL 4244262 (Cal.App. 3 Dist.) Summary: in 1997, Ramazzini was convicted of a first degree murder with a special circumstance he committed…
California prisoners can be convicted of conspiracy to deliver a cell phone to an inmate
THE PEOPLE, Plaintiff and Respondent, v. ALAN BUENO, Defendant and Appellant. Court of Appeal, Fourth District, Division 1 (D078700;Filed 09/09/20) Summary: Bueno, a prisoner inmate at the time, arranged with a prison employee codefendant to obtain a cellular telephone. Bueno pleaded no contest to one felony count of conspiracy to…