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Re-sentencing under Penalty Code section 1170.95 applies only to murder convictions-not manslaughter

The People, Plaintiff and Respondent, v. Daniel Cervantes, Defendant and Appellant.(Court of Appeal, Second District, Division 6); No. B298077; Filed 1/30/2020; 2020 WL 486867 Re-sentencing under Penal Code section 1170.95 Penal Code section 1170.95, subdivision (a) provides that , a person convicted of first degree or second degree murder  under…

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Establishing a prima Facie Case for relief under SB 1437

People v. Lewis, 2020 WL 57841 (Cal.App. 2 Dist.) (Cal.App. 2 Dist., 2020)  Appeal of trial court denial of petition for re-sentencing without appointment of counsel  Defendant Vincent E. Lewis was convicted of first degree premeditated murder in 2012, his conviction was  affirmed on appeal in 2014. In January 2019,…

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Right to confront witnesses violated when computer monitors blocks defendant’s view of a witness

People v. Arredondo, 2019 WL 6834808 Supreme Court of California, S244166, December 16, 2019 John Arredondo was convicted of lewd acts on child under age 14, lewd act on child under age 16, oral copulation with a child under age 14, and sexual penetration with child under age 14 and…

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Police need a warrant to enter a home when shots are fired in a high crime area

THE PEOPLE, Plaintiff and Respondent, v. ADAN RUBIO, Defendant and Appellant. (Cal. Ct. App., Dec. 12, 2019, No. A152455) 2019 WL 6797405 Summary: Police may not break down a door and enter an apartment when the owner refuses to invite them in to investigate after shots were fired in a…

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SB 1437 applies to attempted murder convictions based on the natural and probable consequences doctrine

People v. Medrano, 2019 WL 6487272 (Cal.App. 5 Dist.), 21 (Cal.App. 5 Dist., 2019) Natural and probable consequences doctrine and attempted murder The Fifth District Court of Appeal held that Senate Bill 1437 not only abrogated the natural and probable consequences doctrine to murder charges but attempted murder charges also.…

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Police may seize a dashboard camera without a warrant after an accident

People v. Tran, 2019 WL 5958335 (Cal.App. 4 Dist.) (Cal.App. 4 Dist., 2019) Background: Robert Tran was convicted of reckless driving, in violation of Vehicle Code section 23103, subdivision (a) and was sentenced to three years’ probation with 30 days in custody. Tran appealed the trial court’s denial of his…

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Police cannot automatically conduct a pat down search of a robbery suspect for weapons

In re Jeremiah S. (Cal. Ct. App., Oct. 18, 2019, No. A155856) 2019 WL 5302782, at *1–7  The robbery, detention, pat search and arrest arrest of Jeremiah S. On July 2, 2018, Ornin Gosuwin was carrying a shoulder bag and holding an iPhone as she walked on Spear Street toward…

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Presence of a small amount of marijuana in a car does not provide probable cause for a vehicle search.

People v. Lee, No. D073740, 2019 WL 4871480, at *3–10 (Cal. Ct. App. Oct. 3, 2019) Vehicle stop and warrantless search of the vehicle In 2017 San Diego Police Officers Robles and Cooper stopped a gold-colored Cadillac DeVille with no front license plate and tinted windows in violation of Vehicle…

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