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Articles Posted in New Criminal Case Law

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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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Force likely assault and assault with a deadly weapon different statements of the same offense

People v. Aguayo (Cal., Aug. 25, 2022, No. S254554) 2022 WL 3652056, at *1 Summary: Aguayo was charged with and convicted of both assault with a deadly weapon other than a firearm (Pen. Code,1 § 245, subd. (a)(1)), and assault by means of force likely to cause great bodily injury…

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Mistake of fact need not be reasonable to negate specific intent  for burglary

People v. Hendrix (Cal., Aug. 22, 2022, No. S265668) 2022 WL 3581973  Summary: Hendrix walked around a house to the backyard, opened a screen door, and unsuccessful tried  to open the locked glass door behind it. Hendrix then sat down on a bench and stayed there. Hendrix was sitting on…

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Mandatory Resentencing under section 1172.6 does not apply where a negative finding on one special circumstances allegation does not negate potential murder liability on other viable theories

People v. Guillory (Cal. Ct. App., Aug. 17, 2022, No. A161952) 2022 WL 3442330, at *1–5 Summary: Guillory, convicted in 2004 of kidnapping, carjacking, robbing, and murder argued that  she qualifies for relief under the new felony murder resentencing law law because the jury rejected a special circumstances allegation regarding…

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A Previous Finding  of Major Participant Does Not Bar SB1437 Relief

People v. Strong (Cal., Aug. 8, 2022, No. S266606) 2022 WL 3148797 Summary: Strong was convicted of felony murder with findings as to special circumstance allegations that he was “major participant” who acted “with reckless indifference to human life.” He filed a petition for resentencing based on narrowing of felony-murder…

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Conviction under Felony Murder overturned where kidnap victim killed after jumping from car

THE PEOPLE, Plaintiff and Respondent, v. JERRY VANG, Defendant and Appellant. (Cal. Ct. App., Aug. 5, 2022, No. C090365) 2022 WL 3131574, at *1 Summary: Vang was convicted of first degree felony murder of his wife. After an argument with his wife,  she fled in her car, Vang followed, eventually…

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Trial court may consider more than one preliminary hearing record in ruling on a section 995 motion

People v. Henson (Cal., Aug. 1, 2022, No. S252702) 2022 WL 3023508 Summary:  Henson was charged with unlawfully driving or taking a vehicle after having suffered three prior felony theft convictions involving vehicles, and  was subsequently charged in in a separate case with unlawfully driving or taking a vehicle after…

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Restitution Order Remains if Effect Even After Early Termination of Probation

People v. McCune (Cal. Ct. App., July 25, 2022, No. A163579) 2022 WL 2913888, at *1–4 Summary:McCune appealed from an order awarding victim restitution, claiming the court lost jurisdiction to order restitution when it terminated his probation early after a  change to the Penal Code that shortened his probationary term…

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Appellate Court Holds DUI Ineligible for Diversion

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; JESSICA ORTIZ, Real Party in Interest. (Cal. Ct. App., July 28, 2022, No. E077594) 2022 WL 2981170, at *1–2 Summary:Penal Code section 1001.95 authorizes superior court judges to offer pretrial diversion, over the prosecution’s objection, to persons being prosecuted…

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