Jeanette SARMIENTO, Petitioner, v.The SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent;The People, Real Party in Interest. D082443; Filed January 9, 20242024 WL 94326 (Cal.App. 4 Dist.), 1 Summary: Sarmiento requested mental health diversion (Pen. Code, § 1001.361) after being charged with attempted robbery. Sarmiento had handed a liquor store clerk…
THE PEOPLE, Plaintiff and Respondent v.DEMETRIUS COLEMAN,Defendant and Appellant. A165198; Filed 1/5/20242024 WL 64082 (Cal.App. 1 Dist.) Summary: A defense attorney’sadvice to a defendant to speak in his or her own voice when he or she testifies does not indicate bias or animus toward a defendant because of his or…
The PEOPLE, Plaintiff and Respondent, v. Francisco Andres ALVAREZ, Defendant and Appellant. 2023 WL 9014911 (Cal.App. 4 Dist.), 1 Summary: In Mitchell v. Wisconsin (2019) 588 U.S. –––– [139 S.Ct. 2525] (Mitchell), the United States Supreme Court held when a “driver is unconscious and therefore cannot be given a breath…
Adam WALSWORTH, Petitioner, v.The SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; The People, Real Party in Interest.C098517; Filed December 20, 2023 2023 WL 8797474 (Cal.App. 3 Dist.), 1 Summary: The Court of Appeal directed the respondent court to issue an order granting Walsworth’s motion to dismiss his case. He was denied…
THE PEOPLE, Plaintiff and Respondent, v.ALEXANDER ALBERTO FRIAS, Defendant and Appellant. 2023 WL 8658552 (Cal.App. 2 Dist.) Summary: Frias appealed his conviction after the jury found him guilty of stalking. Frias claimed that the trial court, in denying his four requests to substitute the Castaneda Law firm as his counsel,…
People v. Banks (Cal. Ct. App., Nov. 20, 2023, No. 2D CRIM. B312618) 2023 WL 8010242, at *1, reh’g denied (Dec. 6, 2023) Summary: Banks appealed from the judgment after a jury convicted him of human trafficking of a minor. Banks argued that the trial court erred in denying his…
Phillips v. Gordon (Cal. Ct. App., Nov. 29, 2023, No. A165289) 2023 WL 8266154, at *1–2 Summary: Phillips appealed from the trial court’s denial of her petition for review of an order of the Department of Motor Vehicles (DMV) suspending her driver’s license for driving with a blood-alcohol concentration (BAC)…
People v. Trammel (Cal. Ct. App., Nov. 21, 2023, No. A166756) 2023 WL 8060573, at *1 Summary: Trammel challenged the trial court’s sentence of an aggregate 12-year prison term for numerous convictions arising out of his violent relationship with his former girlfriend. The Court of Appeal agreed with Trammel that…
Zepeda v. Superior Court of City and County of San Francisco (Cal. Ct. App., Nov. 13, 2023, No. A166159) 2023 WL 7484868, at *1 Summary: This case decided several issues about Senate Bill No. 567. Senate Bill 567 amended Penal Code section 1170, subdivision (b)(2) to provide that, when a…
Boitez v. Superior Court of Yolo County (Cal. Ct. App., Nov. 7, 2023, No. C098102) 2023 WL 7313899, at *1 Summary: Boitez filed a motion to suppress the evidence obtained during a search of his mother’s car. After the trial court denied his motion, petitioner filed a petition for writ…