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…
People v. Benzler (Cal. Ct. App., Dec. 14, 2021, No. C092779) 2021 WL 5902741, at *1 Summary: Benzler, sentenced in 2014 for offenses he committed when he was 18 years old, appealed the summary denial of his motion for a Franklin hearing1 under Penal Code section 1203.01.2. Benzler contends he…
In re L.J. (Cal. Ct. App., Nov. 30, 2021, No. A161118) 2021 WL 5578276 Summary: Juvenile defendant came within Juvenile Court’s jurisdiction for reckless evasion of a peace officer, assault with a deadly weapon on a peace officer, and assault with force likely to produce great bodily injury. The juvenile…
Valderas v. Superior Court of San Diego County (Cal. Ct. App., Nov. 30, 2021, No. D078735) 2021 WL 5575569, at *1 Summary: Valderas, facing several felony charges, did not appear at a status conference/trial call on October 20, 2020. It was the second consecutive court appearance that Valderas missed. The…
People v. Williams (Cal. Ct. App., Nov. 23, 2021, No. A159914) 2021 WL 5460724, at *1–2 Summary: Williams, was convicted of murder in 1995 and sentenced to 30 years to life in prison and was released on lifetime parole in 2018. In 2019, he was charged with two misdemeanors, and…