People v. Williams (Cal. Ct. App., Feb. 24, 2022, No. B311161) 2022 WL 556906, at *1–6 Facts: Williams filed a “Petition for Modification of Sentence (Pursuant to P.C. 1170(d)(1).)” Asking the trial the court to modify his 1996 judgment based on “charging and sentencing policies” adopted by Los Angeles County…
People v. Hampton (Cal. Ct. App., Feb. 10, 2022, No. C093270) 2022 WL 405368, at *1 Summary: Hampton was found guilty of first degree murder and two counts of robbery and sentenced to a term of 33 years to life The jury could not reach a verdict on the robbery-murder…
People v. Speck (Cal. Ct. App., Feb. 2, 2022, No. C093273) 2022 WL 304910 Summary: A jury found Speck guilty of felony vehicle theft (Veh. Code, § 10851, subd. (a)) and receiving stolen property (Pen. Code, § 496d) with special allegations that the Honda was valued at over $950. The…
People v. Sek (Cal. Ct. App., Feb. 1, 2022, No. B309003) 2022 WL 292614, at *1 Summary: Assembly Bill No. 333, effective January 1, 2022, changed the law regarding gang enhancements under Penal Code 1 section 186.22. The new law requires that to to prove that the defendant committed a…
Hemphill v. New York (2022) 142 S.Ct. 681 Summary: The admission of a third party’s plea allocution, because it was reasonably necessary to correct defendant’s misleading argument, violated defendant’s right to confront the witnesses against him. Facts: In 2006, a stray 9-millimeter bullet killed a 2-year-old child after a street…
People v. Flores (Cal. Ct. App., Jan. 13, 2022, No. A160578) 2022 WL 121934, at *7–8 Changes to determinate sentencing law in 2022-Senate Bill 567 Felonies typically carry three possible sentences, called a low, middle, and high term. High terms cannot be imposed without a finding that there are aggravating…
People v. Tirado (Cal., Jan. 20, 2022, No. S257658) 2022 WL 176141, at *1 Summary: Penal Code section 12022.53 authorizes enhancements for certain felonies involving firearms.Section 12022.53, subdivision (h) (section 12022.53(h)) authorizes courts to strike certain enhancements in the interests of justice under the authority of section 1385. Issue: when…
People v. Strother (2021) 72 Cal.App.5th 563 Summary: Strother was convicted of second degree burglary (Pen. Code, § 459)1 and theft of access card information (§ 484e, subd. (d)). Under the Three Strikes law, he was sentenced to two consecutive terms of 25 years to life in prison. In 2013,…
Grassi v. Superior Court of Orange County (Cal. Ct. App., Dec. 28, 2021, No. G060362) 2021 WL 6124764, at *1 Summary: Grassi filed a petition for writ of mandate after the trial court concluded that she was statutorily ineligible for misdemeanor diversion. Grassi claims that Penal Code section 1001.95’s plain…
People v. Nault (Cal. Ct. App., Dec. 20, 2021, No. B306460) 2021 WL 5997961, at *1–3 Summary: Nault, driving whiledrunk after four previous DUI convictions tried to pass an 18-wheeler on a narrow road. Nault’s pickup hit an oncoming car and killed its driver. While Nault was unconscious from the…