THE PEOPLE, Plaintiff and Respondent, v. VONDETRICK CARR, Defendant and Appellant. (Cal. Ct. App., Apr. 7, 2023, No. E079368) 2023 WL 2820859, at *1 Summary: Carr drove drunk with four children in his car, hitting a pickup truck. One of the children was killed and Carr was convicted of second…
Articles Posted in New Criminal Case Law
Good cause found for speedy trial violations in San Francisco
Estrada v. Superior Court of City and County of San Francisco (Cal. Ct. App., Feb. 28, 2023, No. A166474) 2023 WL 2320352, at *1 Summary: Represented by the Office of the San Francisco Public Defender Petitioners sought a writ of mandate or prohibition requiring respondent Superior Court of the City…
Time during which probation was summarily revoked can be tacked on to the term when probation is reinstated
People v. Ornelas (Cal. Ct. App., Jan. 30, 2023, No. A165333) 2023 WL 1097221, at *1–2 Summary: Ornelas was placed on probation in July 2021 for the maximum statutory term of two years. He failed to report to probation, his probation was summarily revoked, and a bench warrant was issued…
No presumption created by factors that court must weigh heavily in favor of dismissing enhancements
People v. Ortiz (Cal. Ct. App., Jan. 26, 2023, No. H049698) 2023 WL 415617, at *1 Summary: Under Penal Code section 1385, trial courts have broad discretion to dismiss a charge or allegation “in furtherance of justice.” (See People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 530-531 (Romero).) The…
Implied Malice Remains A Valid Theory Of Liability For Aiders And Abettors To Murder
People v. Silva (Cal. Ct. App., Jan. 18, 2023, No. F083248) 2023 WL 240015, at *1 Summary: Silva petitioned the superior court, under former section 1170.95 (now § 1172.6) of the Penal Code, for resentencing on his conviction for second degree murder arising from the murder of Bill James who…
Is a prison “kite” protected by the attorney-client privilege?
People v. Superior Court of Santa Cruz County (Cal. Ct. App., Jan. 12, 2023, No. H049188) 2023 WL 167078, at *1–2 Summary: Is a suspected inmate “kite”—a written message sent in violation of jail rules— covered by the attorney-client privilege when it is contained in an envelope sent by an…
A prosecutor’s jury selection notes are not shielded from disclosure in postconviction proceedings that raise a Batson claim
Box v. Superior Court of San Diego County (Cal. Ct. App., Dec. 30, 2022, No. D080573) 2022 WL 17999610 Summary: Issue: The issue decided was: Are a prosecutor’s jury selection notes core work product shielded from disclosure in postconviction proceedings that raise a Batson claim? The Court of AppeL held…
Police lighting up a car does not constitute detention
People v. Tacardon (Cal., Dec. 29, 2022, No. S264219) 2022 WL 17984057, at *1 Summary’: A sheriff’s deputy patrolling after dark saw three people sitting in a legally parked car in a residential neighborhood, smoking something. He pulled up behind the car, illuminated it with a spotlight, and approached on…
SB 567 must be applied retroactively
People v. Ross (Cal. Ct. App., Dec. 28, 2022, No. A163242) 2022 WL 17974351, at *1 Summary: Ross appealed a conviction for battery on a non-confined person by a prisoner (Pen. Code, § 4501.5) and finding true two prior “strike” convictions (§ 667, subds. (b)–(i)). On appeal, he argues: (1)…
A Franklin Hearing does affect finality of judgment for resentencing
People v. White (Cal. Ct. App., Dec. 27, 2022, No. C095640) 2022 WL 17958728, at *1 Summary: On May 2006, 25-year old White, while drunk and speeding, struck a car stopped on the shoulder of the highway with its hazard lights on, killing the driver and injuring two others. A…