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Articles Posted in New Criminal Case Law

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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Resentencing Relief Under Section 1172.6 Is Not Available To An “Actual Killer”

THE PEOPLE, Plaintiff and Respondent, v. ALBERT GARCIA, Defendant and Appellant. (Cal. Ct. App., Sept. 2, 2022, No. C093430) 2022 WL 4007827, at *1 Summary: Garcia physically assaulted and stole money from an 82-year-old man, who died about an hour later from lethal cardiac arrhythmia. A jury found Garcia guilty…

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Prosecutors use of inconsistent theories about identity of a shooter did not violate due process

People v. Ramirez (Cal., Aug. 25, 2022, No. S099844) 2022 WL 3653756, at *1 Ramirez was convicted of a variety of crimes including murder and sentenced to death. Motion To Disqualify the Prosecutor’s Office at Trial Ramirez moved to disqualify the Kern County District Attorney’s Office on two grounds because…

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