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.…
Articles Posted in New Criminal Case Law
Counsel Must Be Appointed on Immigration Motion to Vacate a Conviction
People v. Millan Rodriguez, 2019 WL 3852665 (Cal.App. 4 Dist.) Vacating a conviction because of inability to understand immigration consequences (Penal Code Section 1473.7) On January 1, 2017, Penal Code section 1473.7 went into effect. It allows a defendant to challenge a conviction based on a guilty plea where prejudicial…
Correction of a sentencing error is not “resentencing” a defendant but merely “correcting an abstract of judgment”
(People v. Abdullah (Aug. 1, 2019, No. B290563) ___Cal.App.5th___ [2019 Cal. App. LEXIS 709].) In 2002, Warith Deen Abdullah was convicted of 13 counts of armed robbery and one count of assault with a deadly weapon, and sentenced to 48 years four months in state prison. The sentence included firearm…
US Supreme Court: Right to jury trial for parole violation that results in a mandatory minimum
United States v. Haymond (2019) ___U.S.___ [139 S.Ct. 2369], 2019 U.S. LEXIS 4398; No. 17-1672 Supreme Court of the United States,, Decided June 26, 2019. Imposition of a new and higher mandatory prison term for a parole violation requires jury trial After serving a prison sentence of 38 months for…
Latest Criminal Cases
Trial Court may impose additional release conditions even after a defendant has posted bail In re Webb, 2019 WL 2220410, S247074,May 23, 2019 Bettie Webb was arrested and charged with two felony counts of bringing controlled substances in to state prion and unauthorized possession of a controlled substance in a…