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Appellate Court Holds Misdemeanor DUI not eligible for Diversion under Penal Code section 1001.95

ALICIA URBIETA ISLAS, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest. (Cal. Ct. App., May 20, 2022, No. H049445) 2022 WL 1597051, at *1–3 Summary: Islas was charged with misdemeanor driving under the influence of alcohol (DUI). (Veh. Code, § 23152, subds.…

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Belief criminal justice system treats African Americans unfairly not grounds for juror exclusion

People v. Henderson (Cal. Ct. App., May 11, 2022, No. C088883) 2022 WL 1485820, at *1 Summary: Henderson was convicted of one count of second degree murder (Pen. Code, § 187)1 and one count of attempted murder (§§ 664/187) and found true enhancement allegations that defendant personally discharged a firearm…

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Resisting a police officer is not a lesser included offense of wanton disregard while fleeing

THE PEOPLE, Plaintiff and Respondent, v. RODRIGO FUENTES, JR., Defendant and Appellant. (Cal. Ct. App., May 12, 2022, No. E075745) 2022 WL 1498334, at *1 Summary:Fuentes was convicted of both : (1) fleeing a police officer while driving with a willful or wanton disregard for the safety of persons or…

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Attempted murder convictions reversed due to instruction in natural and probable consequences

People v. Perez (Cal. Ct. App., May 2, 2022, No. B300396) 2022 WL 1302282, at *1 Summary: Appellants Perez,Rosas and Sanchez engaged in a fist fight with two men outside of a liquor store in the middle of the day. During the fight, Perez retrieved a gun from his car…

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Parole hearing testimony may be used in 1170.95 evidentiary hearing

THE PEOPLE, Plaintiff and Respondent, v. RONALD RAY ANDERSON, Defendant and Appellant. (Cal. Ct. App., Apr. 28, 2022, No. A162633) 2022 WL 1261422, at *1 Summary: Anderson was convicted of two counts of first degree murder, two counts of robbery, and one count of burglary, and sentenced to 25 years…

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Multiple convictions for assault and evading police officers barred when arising from same objective

In re L.J. (Cal. Ct. App., Nov. 30, 2021, No. A161118) 2021 WL 5578276 Summary: Juvenile defendant came within Juvenile Court’s jurisdiction for reckless evasion of a peace officer, assault with a deadly weapon on a peace officer, and assault with force likely to produce great bodily injury. The juvenile…

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Evidence seized as a result of an unlawful detention must be suppressed

THE PEOPLE, Plaintiff and Respondent, v. OSCAR CUADRA, Defendant and Appellant. (Cal. Ct. App., Nov. 5, 2021, No. B310554) 2021 WL 5149775, at *1–3 Summary:  Cuadra was charged with possession of a firearm by a felon in violation of Penal Code section 29800, subdivision (a)(1).   Before pleading no contest, Cuadra…

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Exclusion of LWOP from eligibility for Youth Offender Parole Hearing Does not Violate Equal Protection

People v. Sands (Cal. Ct. App., Oct. 12, 2021, No. A160973) 2021 WL 4739531, at *1–2 Summary: Sands was 24 years old when he committed a special circumstance murder (Pen. Code §§ 187, 190.2, subd. (a)(10)), and was sentenced to life without the possibility of parole. He filed a motion…

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Deliberate failure to collect evidence violates due process

People v. Fultz (Cal. Ct. App., Sept. 27, 2021, No. C088566) 2021 WL 4398649, at *1–2 Summary: Based on the government’s conduct throughout the investigation and trial, the trial court rejected the prosecution’s innocent explanations for the constitutional violations. The trial court then dismissed the case against Fultz finding there…

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Prisoners entitled to appointment of counsel when making a prima facie case under SB 1437

People v. Lewis (Cal., July 26, 2021, No. S260598) 2021 WL 3137434, at *1 Summary: The California Supreme Court reviewed Senate Bill No. 1437 (Stats. 2018, ch. 1015; Senate Bill 1437) which eliminated natural and probable consequences liability for murder and limited the scope of the felony murder rule. (Pen.…

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