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Articles Posted in New Criminal Case Law

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Driving while impaired from marijuana supports 2nd degree murder conviction

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…

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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…

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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…

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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…

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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…

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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…

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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…

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