People v. Benzler (Cal. Ct. App., Dec. 14, 2021, No. C092779) 2021 WL 5902741, at *1 Summary: Benzler, sentenced in 2014 for offenses he committed when he was 18 years old, appealed the summary denial of his motion for a Franklin hearing1 under Penal Code section 1203.01.2. Benzler contends he…
San Francisco Criminal Lawyer Blog
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…
SB 775-Resentencing for aiding and abetting attempted murder or manslaughter
SB 775 expands SB 1437 which changed the felony murder rule for aiders and abettors SB 1437, passed in 2018 changed the laws about conviction of aiders and abettor for murder People with murder convictions under the old laws could file a petition asking the court to be resentenced on…
Bench Warrant Can Issue Even Without Showing Defendant Had Notice
Valderas v. Superior Court of San Diego County (Cal. Ct. App., Nov. 30, 2021, No. D078735) 2021 WL 5575569, at *1 Summary: Valderas, facing several felony charges, did not appear at a status conference/trial call on October 20, 2020. It was the second consecutive court appearance that Valderas missed. The…
Parole violation of lifetime parolees requires written report by parole agency
People v. Williams (Cal. Ct. App., Nov. 23, 2021, No. A159914) 2021 WL 5460724, at *1–2 Summary: Williams, was convicted of murder in 1995 and sentenced to 30 years to life in prison and was released on lifetime parole in 2018. In 2019, he was charged with two misdemeanors, and…
A voluntary manslaughter jury instruction is required, where objective circumstances supporting imperfect self defense, even if delusional
People v. Schuller (Cal. Ct. App., Nov. 10, 2021, No. C087191) 2021 WL 5228434, at *1 Summary: Schuller, shot his long-time friend, W.T., nine times in the head and set the body on fire. Schuller testified, claiming self-defense, but his trial testimony about suggested he was delusional and hallucinating. Following…
Court cannot summarily dismiss petition for resentencing based on preliminary hearing transcript
People v. Davenport (Cal. Ct. App., Nov. 10, 2021, No. A161954) 2021 WL 5230876, at *1–3 Summary: In 2007, Davenport pled no contest to second degree murder with a firearm enhancement and was sentenced to 18 years to life. Davenport appealed the denial of his petition for resentencing pursuant to…
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…
AB 1950, limiting the length of probation to 2 years (PC 1203.1), applies retroactively to all cases not yet final on appeal
People v. Greeley (Cal. Ct. App., Oct. 19, 2021, No. H047281) 2021 WL 4889494, at *1 Summary: Greeley was convicted by jury trial of first degree burglary (Pen. Code, § 460, subd. (a)).1 The trial court suspended imposition of sentence, placed defendant on probation for three years, and imposed various…
Prison Officials Must Accept Summons by Prisoner in Personal Injury Lawsuit against Another Prisoner
RICHARD J. CRANE, Plaintiff and Appellant, v. JOSEPH CLAY DOLIHITE, Defendant and Respondent. (Cal. Ct. App., Oct. 22, 2021, No. F079877) 2021 WL 4929340, at *1 Summary: Crane, a prisoner representing himself, appealed from the dismissal of his personal injury action against an inmate who stabbed him in the neck…