People v. Schulz (Cal. Ct. App., July 20, 2021, No. F080978) 2021 WL 3047264, at *2–8 Summary: Schulz appealed claiming that the trial court abused its discretion when it declined to reduce his felony convictions for driving under the influence of alcohol to misdemeanors pursuant to Penal Code section 17,…
People v. Stewart (Cal. Ct. App., July 9, 2021, No. E074907) 2021 WL 2883176, at *1 Summary: Stewart was honorably discharged from the Army in 1976 and suffers from schizophrenia related to his military service. In 1986 and a1992, he was convicted of first degree burglary. In 2001, after being…
In re Matthew W. (Cal. Ct. App., July 8, 2021, No. A159931) 2021 WL 2850407, at *1 Summary: Matthew W. appealed from the juvenile court’s jurisdictional findings and dispositional order, in which the court sustained an allegation of assault with a deadly weapon and placed him on probation. On appeal,…
People v. Kasrawi (Cal. Ct. App., June 16, 2021, No. D077139) 2021 WL 2451095 Summary: Kasrawi was stopped and ultimately arrested by a police officer who acted on no more than a hunch. The officer detained Kasrawi after watching him cross the street to his legally parked car. The officer…
People v. Williams (Cal. Ct. App., June 17, 2021, No. E074162) 2021 WL 2472953, at *1–4 Summary: A trial court exercising its discretion pursuant to section 1170 of the Penal Code to recall a sentence and enter a reduced term must: (i) give the parties notice and an opportunity to…
Corona v. Superior Court for the City and County of San Francisco (Cal. Ct. App., June 21, 2021, No. A161369) 2021 WL 2525651, at *1 Summary: San Francisco police arrested Corona after he entered a freestanding garage located on the same property as a house. The People charged him with…
People v. Brewer (Cal. Ct. App., June 7, 2021, No. C089676) 2021 WL 2309551 Summary: Brewer was convicted of second degree robbery, attempted second degree robbery, and felon in possession of a firearm, and sentenced to a determinate term of 63 years. Brewer appealed and contended that his sentence, which…
People v. Esquivel (Cal., June 17, 2021, No. S262551) 2021 WL 2461206, at *1–2 Summary: The California Supreme Court held that the judgment is not final in a case where defendant is placed on probation with imposition of sentence suspended if the defendant may still timely obtain direct review of…
In re Palmer (2021) 10 Cal.5th 959 Summary: The California Supreme Court held that prisoners may challenge their continued incarceration as constitutionally excessive when the Board repeatedly denies parole. The Court had granted review in the case of Palmer who in 1988, was 17 years old when he pleaded guilty…
People v. Tousant (Cal. Ct. App., May 26, 2021, No. A156044) 2021 WL 2134389 Summary: Tousant challenged the denial of his motion to suppress evidence downloaded from his cellphone, seized after an allegedly illegal search of his car left at the scene of an Oakland shooting. Tousant claimed the trial…