People v. Johnson (Cal. Ct. App., Oct. 4, 2022, No. C094491) 2022 WL 4905411, at *1–2 Summary: The trial court has broad discretion to impose a lesser uncharged firearm enhancement provided for by Penal Code section 12022.5, subdivision (a), when it exercises its discretion to strike a Penal Code section…
San Francisco Criminal Lawyer Blog
Civil settlement in a civil case does not discharge obligation to pay restitution in the criminal case
THE PEOPLE, Plaintiff and Appellant, v. NOLAN TAKAO NONAKA, Defendant and Respondent. (Cal. Ct. App., Sept. 30, 2022, No. 2D CRIM. B313848) 2022 WL 4591497, at *1–3 Summary: The People appeal the denial of the motion for victim restitution, including attorney fees and costs, after Nonaka was convicted by plea…
New Criminal Legislation effective January 2023
AB 256 “The Racial Justice Act For All” AB 256 provides relief in cases where a final judgment was entered before January 1, 2021. This bill requires the court, upon a showing of good cause, to order disclosure of evidence related to a potential violation of the prohibition on seeking…
Cal. Penal Code §§ 25400(A)(1), §§ 25850(A), and 25850(C)(6) are likely invalid under US Supreme Court decision in BRUEN which makes public carrying of firearms presumptively legal
The United States Supreme Court decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen (2022) 142 S. Ct. 2111 renders possession of a concealed firearm and criminalizing carrying a loaded firearm on your person or in a vehicle in any public place or on a public street…
No First Amendment Right to Unseal Search Warrants
ELECTRONIC FRONTIER FOUNDATION, INC., Plaintiff and Appellant, v.The SUPERIOR COURT OF SAN BERNARDINO COUNTY, Defendant and Respondent; San Bernardino County District Attorney’s Office et al., Real Parties in Interest and Respondents. E076778; Filed September 15, 20222022 WL 4243552 (Cal.App. 4 Dist.) Summary: Background: A Civil-liberties organization filed a petition to unseal search warrants…
Juvenile offenders sentenced to de facto life without parole sentences may petition for resentencing
The PEOPLE, Plaintiff and Respondent, v.Frank Eli HEARD, Defendant and Appellant; D079237; Filed September 20, 20222022 WL 4353385 (Cal.App. 4 Dist.) Summary: Heard was sentenced to a term of 23 years plus 80 years to life for two counts of attempted willful, deliberate and premeditated murder for a drive-by shooting he…
District Attorney Lacks Standing to Challenge SB 394 Parole Hearings for 16 or 17 year-olds Sentenced to LWOP
The PEOPLE, et al., Plaintiffs and Respondents, v.BOARD OF PAROLE HEARINGS, Defendant and Appellant; Nathan Joshua Ramazzini, Real Party in Interest and Appellant. C093941,Filed September 15, 2022 2022 WL 4244262 (Cal.App. 3 Dist.) Summary: in 1997, Ramazzini was convicted of a first degree murder with a special circumstance he committed…
California prisoners can be convicted of conspiracy to deliver a cell phone to an inmate
THE PEOPLE, Plaintiff and Respondent, v. ALAN BUENO, Defendant and Appellant. Court of Appeal, Fourth District, Division 1 (D078700;Filed 09/09/20) Summary: Bueno, a prisoner inmate at the time, arranged with a prison employee codefendant to obtain a cellular telephone. Bueno pleaded no contest to one felony count of conspiracy to…
Resentencing Relief Under Section 1172.6 Is Not Available To An “Actual Killer”
THE PEOPLE, Plaintiff and Respondent, v. ALBERT GARCIA, Defendant and Appellant. (Cal. Ct. App., Sept. 2, 2022, No. C093430) 2022 WL 4007827, at *1 Summary: Garcia physically assaulted and stole money from an 82-year-old man, who died about an hour later from lethal cardiac arrhythmia. A jury found Garcia guilty…
Prosecutors use of inconsistent theories about identity of a shooter did not violate due process
People v. Ramirez (Cal., Aug. 25, 2022, No. S099844) 2022 WL 3653756, at *1 Ramirez was convicted of a variety of crimes including murder and sentenced to death. Motion To Disqualify the Prosecutor’s Office at Trial Ramirez moved to disqualify the Kern County District Attorney’s Office on two grounds because…