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…
People v. Beasley (Cal. Ct. App., July 21, 2022, No. G060302) 2022 WL 2866212, at *1–4 Summary: Beasley was on parole from a 25-to-life sentence when he committed first degree robbery, using a knife in the commission of the offense, which exposed him to a maximum sentence of at least…
People v. Torres (Cal. Ct. App., June 16, 2022, No. 2D CRIM. B318399) 2022 WL 2712232, at *1, as modified (July 13, 2022) Summary: VC 2800.2 is a wobbler; as a misdemeanor the punishment is “confinement in the county jail for not less than six months nor more than one…
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…
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…
People v. Ayon (Cal. Ct. App., July 6, 2022, No. H047360) 2022 WL 2447902, at *1 Summary: Police saw Ayon commit two minor traffic violations, stopped him in his car and detained him until a narcotics dog arrived. After the dog alerted to the presence of drugs, the police searched…
People v. Murphy (Cal. Ct. App., June 30, 2022, No. B306773) 2022 WL 2352782, at *1 Summary:Murphy appealed from his three convictions for second degree murder. (Pen. Code, § 187, subd. (a).).1 Murphy argued that evidence supporting his convictions is insufficient because the prosecution failed to prove he acted with…
People v. Montano (Cal. Ct. App., June 22, 2022, No. F079222) 2022 WL 2236331, at *1 Summary: Defendants appealed from convictions for first degree murder with the special circumstance of lying in wait, and unlawful participation in a criminal street gang. Assembly Bill No. 333, which amended Penal Code section…
People v. Smith (Cal. Ct. App., June 13, 2022, No. A162551) 2022 WL 2127656, at *1–4 Summary: Smith challenged the trial court’s imposition of a probation condition requiring that she participate in any treatment program, including residential treatment, as directed by her probation officer. Smith contends this condition are unconstitutional…
In re Sambrano (Cal. Ct. App., June 9, 2022, No. E078147) 2022 WL 2071115, at *1–4 Summary:In this habeas corpus proceeding, Sambrano seeks reversal of his attempted murder convictions because his jury was given a kill zone instruction that is erroneous under People v. Canizales (2019) 7 Cal.5th 591, 248…