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…
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…
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…
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…
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…
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…
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)…
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…
THE PEOPLE, Plaintiff and Respondent, v. ALIJONDRO JONES, Defendant and Appellant. (Cal. Ct. App., Dec. 23, 2022, No. A162634) 2022 WL 17884050, at *1 Summary: Jones appealed from an order denying his motion for resentencing under Penal Code section 1170.95 after he was convicted of first degree murder under a…
THE PEOPLE, Plaintiff and Respondent, v. THOMAS WHITMILL, Defendant and Appellant. (Cal. Ct. App., Dec. 23, 2022, No. B318582) 2022 WL 17883593 Summary: Sixty-one-year-old Whitmill appealed the denial of his pretrial motion for mental health diversion of his criminal prosecution. He argued that because he is an honorably discharged veteran…