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…
People v. Vaca (Cal. Ct. App., Mar. 30, 2023, No. A164953) 2023 WL 2706473, at *1 Summary: Vaca successfully moved under Penal Code section 1473.7 to vacate his conviction and withdraw his no contest plea. He appealed from the trial court’s order denying his motion to dismiss the criminal complaint…
People v. Villalba (Cal. Ct. App., Mar. 8, 2023, No. B318353) 2023 WL 2595696, at *1 Summary: Villalba appealed the denial of his motion under Penal Code section 1473.7, subdivision (a)1 to withdraw his 2017 no contest plea to a violation of section 273.5 and to vacate his conviction. Villalba…
Ramirez v. Superior Court of Kern County (Cal. Ct. App., Feb. 9, 2023, No. F082588) 2023 WL 2399712 Summary: A driver petitioned for writ of mandate ordering Department of Motor Vehicles (DMV) to set aside its driver’s license suspension order following his arrest for driving under the influence (DUI). The…
People v. Espinoza (2023) 14 Cal.5th 311 [303 Cal.Rptr.3d 670, 522 P.3d 1074] Summary: After serving sentence, noncitizen filed statutory motion to vacate conviction pursuant to negotiated no-contest plea, because he had not understood immigration consequences of plea. The Superior Court denied the motion. Noncitizen appealed. The Court of Appeal,…
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…
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…