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Articles Posted in New Criminal Case Law

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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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Trial court may rely on statements made to the the parole board in a resentencing hearing

THE PEOPLE, Plaintiff and Respondent, v. RODERICK WAYNE MITCHELL, Defendant and Appellant. (Cal. Ct. App., July 22, 2022, No. B308780) 2022 WL 2900929 Summary:  Mitchell filed a petition for resentencing under former section 1170.95 (now § 1172.6). Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change…

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Ameliorative changes to Penal Code 1170 favoring lower or middle term apply retroactively

People v. Zabelle (Cal. Ct. App., July 11, 2022, No. C093173) 2022 WL 2663754, at *1 Summary: Zabelle was convicted of second degree robbery. The jury found true the allegation that he inflicted great bodily injury during the commission of the robbery. On appeal, Zabelle asserts his case should be…

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Burden on defendant to show he qualifies for mental health diversion

People v. Gerson (2022) 74 Cal.App.5th 561, 570–571 [290 Cal.Rptr.3d 18, 25, 74 Cal.App.5th 561, 570–571], reh’g denied (Feb. 16, 2022), review denied (Apr. 13, 2022) Summary: A jury found Gerson guilty of two counts of attempted voluntary manslaughter, a lesser included offense of attempted murder ; two counts of…

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