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San Francisco Criminal Lawyer Blog

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Five-Year Enhancements for prior serious felony convictions may now be struck at resentencing 

People v. Cepeda (Cal. Ct. App., Oct. 18, 2021, No. B307000) 2021 WL 4843561, at *1 Summary: In 2018, Cepeda pled guilty to carjacking as a second strike, and admitted he sustained a prior serious felony conviction. The trial court sentenced him to 15 years in state prison, which included…

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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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Recommendation for resentencing by Secretary of CDCR gives prisoner due process right to notice, to be heard as reasons for court’s decision

People v. Pillsbury (Cal. Ct. App., Sept. 30, 2021, No. C089002) 2021 WL Summary: Pillsbury was convicted of one count of robbery in the second degree with firearm enhancement and one count of commercial burglary. The Secretary of Department of Corrections and Rehabilitation (CDCR) submitted a letter to trial court…

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Jury misconduct to consider the sentence to break a deadlock

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL ANTHONY FLORES, Defendant and Appellant. (Cal. Ct. App., Oct. 8, 2021, No. C089569) 2021 WL 4698468, at *1–2 Summary: Flores was found guilty of voluntary manslaughter after the jury initially declared it was unable to reach a unanimous verdict. Flores moved for a…

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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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Court may review a prison disciplinary violation in habeas as long as it can provide meaningful relief

In re Marti (Cal. Ct. App., Sept. 3, 2021, No. C093153) 2021 WL 4452824, at *1  Summary: CDCR Prisoner Marti filed a petition for writ of habeas corpus challenging the decision finding him guilty of a prison disciplinary violation for possession of excess property made by the warden of Mule…

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Recall of sentence recommendation creates a substantial liberty interest with right to notice and to present information to the court

THE PEOPLE, Plaintiff and Respondent, v. JOSE ALEX MENDEZ, Defendant and Appellant. (Cal. Ct. App., Sept. 24, 2021, No. B306301) 2021 WL 4350480 Summary: Jose Alex Mendez appealed  the denial of a recommendation by the secretary of the California Department of Corrections and Rehabilitation (CDCR) to recall his sentence under…

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Exclusion of juror for support of BLM was discriminatory

The People, Plaintiff and Respondent, v. Sheldon Vaughn Silas et al., Defendants and Appellants. (Cal. Ct. App., Sept. 17, 2021, No. A150512) 2021 WL 4236771 Summary: Defendants Sheldon Silas, Reginald Whitley, Lamar Michaels, and Linda Chaney, all of whom are Black, were tried for crimes related to the murders of…

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Constitutional challenge to parking tickets in SanFrancisco

Based on: San Francisco Chronicle, “A woman is suing S.F. for $50 million over a parking ticket, saying tire chalk is unconstitutional,” Rachel Swan, Sep. 11, 2021 https://www.sfchronicle.com/bayarea/article/A-woman-is-suing-S-F-for-50-million-over-a-16450146.php ALISON PATRICIA TAYLOR, Plaintiff-Appellant/Cross-Appellee, v. CITY OF SAGINAW, MICHIGAN; TABITHA HOSKINS, Defendants-Appellees/Cross-Appellants. (6th Cir., Aug. 25, 2021, No. 20-1538) 2021 WL 3745345…

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Drunk driving under Vehicle 23152(a) and 23152(b) are separate offenses and a driver may be convicted of both

People v. Grabham (Cal. Ct. App., Aug. 31, 2021, No. A160384) 2021 WL 3909628, at *1 Summary:  Grabham was convicted of violating Vehicle Code 1 section 23152, subdivision (a) (section 23152(a)) and section 23152, subdivision (b) (section 23152(b)). Grabham arguesd that section 23152(a) and (b) are different statements of the…

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