THE PEOPLE, Plaintiff and Respondent, v. CHARLES PATRICK ELLIS, Defendant and Appellant., 2019 WL 7161342 (Cal.App. 5 Dist.) (Cal.App. 5 Dist., 2019) SB 1393 gives trial courts discretion to strike five-year prior serious felony enhancements On January 1, 2019, Senate Bill No. 1393 amended Penal Code sections 667, former subdivision…
THE PEOPLE, Plaintiff and Respondent, v. KEANDRE DION WINDFIELD et al., Defendants and Appellants. (Cal. Ct. App., Dec. 20, 2019, No. E055062) 2019 WL 6974388 Facts: Defendants Harquan Johnson and KeAndre Windfield were each convicted of one count of murder and one count of attempted murder, and assault with a…
THE PEOPLE, Plaintiff and Respondent, v. TYRON JACOB TROUT-LACY, Defendant and Appellant. (Cal. Ct. App., Dec. 13, 2019, No. C1882419) 2019 WL 6816928 Summary: Tyron Jacob Trout-Lacy (defendant) fought with his victim, who was high on methamphetamine and had heart disease. Trout-Lacey punched the victim in the face multiple times…
THE PEOPLE, Plaintiff and Respondent, v. ADAN RUBIO, Defendant and Appellant. (Cal. Ct. App., Dec. 12, 2019, No. A152455) 2019 WL 6797405 Summary: Police may not break down a door and enter an apartment when the owner refuses to invite them in to investigate after shots were fired in a…
People v. Tran, 2019 WL 5958335 (Cal.App. 4 Dist.) (Cal.App. 4 Dist., 2019) Background: Robert Tran was convicted of reckless driving, in violation of Vehicle Code section 23103, subdivision (a) and was sentenced to three years’ probation with 30 days in custody. Tran appealed the trial court’s denial of his…
THE PEOPLE, Plaintiff & Respondent, v. MICHAEL DAMION JUDE MEDRANO, Defendant & Appellant, No. E070042, 2019 WL 4894333 (Cal. Ct. App. Oct. 4, 2019) Medrano sentenced to life at age 19 Michael Damion Jude Medrano was 19 years old when he committed the crimes of one count of first degree…
People v. Bay, 2019 WL 4564854 (Cal.App. 1 Dist.), 1 (Cal.App. 1 Dist., 2019) The Stop and Search A Napa County Sheriff’s deputy was on patrol at 2:00 a.m. on September 9, 2017, when he noticed a Cadillac SUV parked illegally near a popular overlook. The deputy approached and saw…
Felony Murder Rule Changed by SB 1437 Senate Bill No. 1437 revised the felony murder rule in California. Under the felony murder rule, someone who aided and abetted an underlying felony was strictly liable for murder if a co-participant killed someone during the commission of the felony (People v. Cavitt…
People v. Gutierrez-Salazar, 38 Cal. App. 5th 411, 251 Cal. Rptr. 3d 178 (Ct. App. 2019), reh’g denied (Aug. 30, 2019) Defendant Dionicio Gutierrez-Salazar was by a jury of two murders for homicides committed in 2013 and 2015. As to the 2013 homicide, defendant was convicted of first degree murder…
People v. Hall, No. 2D CRIM. B292330, 2019 WL 4267761 (Cal. Ct. App. Sept. 10, 2019) Proposition 64 and reduction of marijuana convictions Proposition 64, an initiative measure known as “the Control, Regulate and Tax Adult Use of Marijuana Act,” amended section 11360 and added new sections 11361.8 and 11362.1.…