David Peter Moore, Sr., Petitioner, V. The Superior Court of Riverside County, Respondent; THE PEOPLE, Real Party in Interest. Court of Appeal, Fourth District, Division 2, California. December 11, 2020 — Cal.Rptr.3d —- 2020 WL 7296513 Summary: Vehicle Code section 23640 and its predecessor, Vehicle Code former section 23202, have generally…
People v. Hall (Cal. Ct. App., Nov. 24, 2020, No. A157868) 2020 WL 6882240, at *1–7 Facts: When Hall was pulled over for a vehicle-equipment violation in 2018, a San Francisco police officer observed in the car “a clear plastic baggie” of what appeared to be marijuana. Police officers the.…
In re Canady (Cal. Ct. App., Nov. 25, 2020, No. C089363) 2020 WL 6938325, at *1–3 Summary: Canady filed a writ of habeas corpus in the superior court seeking early parole consideration under Proposition 57, also known as the Public Safety and Rehabilitation Act of 2016 (Prop. 57). Canady asserted…
People v. Grant (Cal. Ct. App., Nov. 12, 2020, No. D076576) 2020 WL 6608321, at *1 Summary: Kenneth Grant stole merchandise from a Wilsons Leather outlet store where everything is sold at a discount, determined by applying varying discount percentages to a “comparable value” the store displays on tags attached…
People V. O’Hearn (Cal. Ct. App., Nov. 9, 2020, No. A158676) 2020 WL 6556592, at *1–2 Patrick Sean O’Hearn appealed from the denial of his motion to vacate a guilty plea to charges of making a criminal threat. The Court of Appeal held that O’Hearn received ineffective assistance of counsel…
People v. Roldan (Cal. Ct. App., Oct. 30, 2020, No. B298570) 2020 WL 6375578, at *1 Summary: Marlon Roldan was convicted of second degree murder under an implied malice theory for killing a person while driving under the influence of alcohol (DUI). He filed a petition in the superior court…
People v. McCallum (Cal. Ct. App., Sept. 30, 2020, No. B301267) 2020 WL 5810212, at *1 Resentencing under Penal Code 1170(d)(1) Penal Code section 1170, subdivision (d)(1) authorizes the trial court to modify a defendant’s sentence upon a recommendation from the Secretary of the Department of Corrections and Rehabilitation (Department),…
People v. D.C. (Cal. Ct. App., Sept. 16, 2020, No. F078629) 2020 WL 5542090, at *1–5 Summary: D.C. petitioned to seal his arrest record under Penal Code section 851.91 after pleading no contest to possession of a controlled substance and successfully completing treatment and probation pursuant to section 1210.1.the trial…
People v. Cooper (Cal. Ct. App., Sept. 1, 2020, No. A156880) 2020 WL 5175210 Summary: Cooper was convicted by no contest plea of one count of second degree murder and filed petition for resentencing, alleging he pleaded no contest because he had faced possibility of conviction of first or second…
People v. DelRio (Cal. Ct. App., Aug. 31, 2020, No. B298637) 2020 WL 5104917 Facts: DelRio and his cousin Raul Prieto had a gunfight in front of a house on a cul-de-sac. Prieto shot his nine-millimeter pistol 15 times but missed every time. DelRio fired his .40-caliber pistol twice and…