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Articles Posted in New Criminal Case Law

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Youth is a factor in totality of circumstances in determining major participant who acted with reckless indifference to human life

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…

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Court applied wrong standard in denying Veteran mental health diversion

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…

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Remand for resentencing required under SB 467 after imposition of upper term where case was not final

THE PEOPLE, Plaintiff and Respondent, v. BRANDON RIO SHERMAN, Defendant and Appellant. (Cal. Ct. App., Dec. 15, 2022, No. A162766) 2022 WL 17726696, at *1 Summary: Sherman was convicted of kidnapping, assault by means of force likely to produce great bodily injury, and preventing or dissuading a victim or witness from…

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Jury instructions which allow conviction based on imputed  malice establish a prima facile case for resentencing under 1172.6

People v. Maldonado (Cal. Ct. App., Dec. 8, 2022, No. A161817) 2022 WL 17494961, at *1 Summary: Maldonado appealed from the trial court’s denial of his petition for resentencing pursuant to Penal Code section 1172.6 (former section 1170.95). In 2013, Maldonado was convicted of first degree murder and the jury…

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Decision by CDCR Secretary to rescind recommendation of recall of sentence does not moot appeal

People v. E.M. (Cal. Ct. App., Dec. 6, 2022, No. H049467) 2022 WL 17423592, at *1 Summary: In December 2019, the Secretary of the California Department of Corrections and Rehabilitation (the Secretary) issued a letter to the trial court recommending that it recall E.M.’s sentence of over 79 years and…

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Police cannot search car’s locked glove box during parole search of backseat passenger

Claypool v. Superior Court of Sacramento County (Cal. Ct. App., Dec. 6, 2022, No. C096620) 2022 WL 17422679, at *1 Summary:  Claypool was charged with possession of a firearm by a felon, unlawful possession of ammunition by a felon, unauthorized alteration of a firearm, and carrying a loaded firearm in…

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Defendant who overdosed on drugs found to be voluntarily absent from trial

People v. Ramirez (Cal., Dec. 5, 2022, No. S262010) 2022 WL 17410568, at *1 Summary: Although a criminal defendant has a constitutional right to be present at trial, once trial has commenced in the defendant’s presence in a noncapital felony case, the trial court may continue the trial in the…

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Confession given by 18-year old after spending night in a holding cell ruled involuntary

THE PEOPLE, Plaintiff and Respondent, v. ISMAEL AVALOS, Defendant and Appellant. (Cal. Ct. App., Nov. 4, 2022, No. G059107) 2022 WL 17401172 Summary:  Avalos,  an 18-year-old high school student, was arrested on a murder charge and questioned him in an interrogation room at a police station. During the interview, a…

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1172.1 Presumption For Recalling And Resentencing Is Not A Presumption As To A Particular Sentence

People v. Braggs (Cal. Ct. App., Nov. 30, 2022, No. H049710) 2022 WL 17335172, at *1 Summary: In 2014, Braggs pleaded no contest to second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c))1 and second degree burglary (§§ 459, 460, subd. (b)). Braggs admitted that he had suffered two…

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