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…
Articles Posted in New Criminal Case Law
AB 333 -changes to gang enhancements is fully retroactive to all non-final judgments
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…
Condition of probation imposing treatment program as directed by probation officer is unconstitutional
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…
Erroneous kill zone instruction requires reversal
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…
Impairment from marijuana while driving supports implied malice for murder
People v. Murphy (Cal. Ct. App., May 25, 2022, No. B306773) 2022 WL 1673827, at *1 Summary: Murphy appealed his three convictions for second degree murder. (Pen. Code, § 187, subd. (a).). The court sentenced him to three concurrent terms of 15 years to life in prison, Murphy argued that…
Prosecutors have a mandatory duty to allege strikes
Association of Deputy District Attorneys for Los Angeles County v. Gascon (Prosecutors have a mandatory duty to allege strikesCal. Ct. App., June 2, 2022, No. B310845) 2022 WL 1797864, at *1–3 Scope of prosecutorial discretion Issues on appeal: 1. Can the voters, through the initiative process, or the Legislature, through…
Proposition 57 Applies to Resentencing
People v. Padilla (Cal., May 26, 2022, No. S263375) 2022 WL 1672203, at *1 Summary: In 2016, California voters passed Proposition 57, a measure that amended the law governing the punishment of juvenile offenses in adult criminal court by requiring hearings to determine whether the offenses should instead be heard…
Belief criminal justice system treats African Americans unfairly not grounds for juror exclusion
People v. Henderson (Cal. Ct. App., May 11, 2022, No. C088883) 2022 WL 1485820, at *1 Summary: Henderson was convicted of one count of second degree murder (Pen. Code, § 187)1 and one count of attempted murder (§§ 664/187) and found true enhancement allegations that defendant personally discharged a firearm…
Resisting a police officer is not a lesser included offense of wanton disregard while fleeing
THE PEOPLE, Plaintiff and Respondent, v. RODRIGO FUENTES, JR., Defendant and Appellant. (Cal. Ct. App., May 12, 2022, No. E075745) 2022 WL 1498334, at *1 Summary:Fuentes was convicted of both : (1) fleeing a police officer while driving with a willful or wanton disregard for the safety of persons or…
Attempted murder convictions reversed due to instruction in natural and probable consequences
People v. Perez (Cal. Ct. App., May 2, 2022, No. B300396) 2022 WL 1302282, at *1 Summary: Appellants Perez,Rosas and Sanchez engaged in a fist fight with two men outside of a liquor store in the middle of the day. During the fight, Perez retrieved a gun from his car…