People v. Roberts (Cal. Ct. App., Aug. 20, 2021, No. C081843) 2021 WL 3700319, at *1 Summary: Roberts’ DNA had been collected after an unrelated felony arrest for which he was not charged. Based primarily on the DNA evidence, a jury found him guilty of murder in the first degree…
San Francisco Criminal Lawyer Blog
Parole period for crimes other than sex offenses and those carrying life terms limited to two years under section 3000.01
People v. Tan (Cal. Ct. App., Aug. 19, 2021, No. B308687) 2021 WL 3673888, at *1–2 Summary: Tan was convicted of robbery and first degree murder. In 2020, the trial court vacated Tan’s murder conviction under Penal Code section 1170.95, resentenced him on the robbery count, and ordered him released…
Judicial Diversion for Misdemeanor DUI- depends on the county
People v. Sup. Ct. (Espeso); BS 175803; 7/14/21; Los Angeles Superior Court App. Div. ruled no diversion for DUI People v. Sup. Ct. (Diaz‑Armstrong); APR12100008; 7/27/21; Riverside Sup. Ct. App. Div.-ruled diversion available for DUI There is a split on this question. The Riverside Superior Court appellate division says that…
Elimination of the Probation Supervision Fee under PC 1465.9 Applies Retroactively
People v. Clark (Cal. Ct. App., July 29, 2021, No. A158238) 2021 WL 3205435, at *1 Summary: Clark appealed and challenged the imposition of a monthly $100 probation supervision fee, following a violation of his probation while his appeal was pending. Assembly Bill 1869 repealed the statute authorizing the probation…
Challenges to reasonableness of mandatory supervision conditions are evaluated under the Lent Standard for probation conditions
People v. Bryant (Cal., July 29, 2021, No. S259956) 2021 WL 3201079, at *1 Summary: The 2011 Realignment Act (Stats. 2011, ch. 15, § 1; Realignment Act or Act) provides for a period of mandatory supervision after a county jail sentence for eligible defendants. The California Supreme Court assessed the…
Prisoners entitled to appointment of counsel when making a prima facie case under SB 1437
People v. Lewis (Cal., July 26, 2021, No. S260598) 2021 WL 3137434, at *1 Summary: The California Supreme Court reviewed Senate Bill No. 1437 (Stats. 2018, ch. 1015; Senate Bill 1437) which eliminated natural and probable consequences liability for murder and limited the scope of the felony murder rule. (Pen.…
DUI probationary period is not shortened by AB 1950
People v. Schulz (Cal. Ct. App., July 20, 2021, No. F080978) 2021 WL 3047264, at *2–8 Summary: Schulz appealed claiming that the trial court abused its discretion when it declined to reduce his felony convictions for driving under the influence of alcohol to misdemeanors pursuant to Penal Code section 17,…
Veterans sentenced to indeterminate terms are not eligible for resentencing under section 1170.911
People v. Stewart (Cal. Ct. App., July 9, 2021, No. E074907) 2021 WL 2883176, at *1 Summary: Stewart was honorably discharged from the Army in 1976 and suffers from schizophrenia related to his military service. In 1986 and a1992, he was convicted of first degree burglary. In 2001, after being…
Juveniles pre-arrest statements made to police violate Miranda
In re Matthew W. (Cal. Ct. App., July 8, 2021, No. A159931) 2021 WL 2850407, at *1 Summary: Matthew W. appealed from the juvenile court’s jurisdictional findings and dispositional order, in which the court sustained an allegation of assault with a deadly weapon and placed him on probation. On appeal,…
Outstanding Warrant Exception to Exclusionary Rule Applied to Officer’s Illegal Detention of Defendant
People v. Kasrawi (Cal. Ct. App., June 16, 2021, No. D077139) 2021 WL 2451095 Summary: Kasrawi was stopped and ultimately arrested by a police officer who acted on no more than a hunch. The officer detained Kasrawi after watching him cross the street to his legally parked car. The officer…