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…
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 Assembly Bill 1869 repealed the statute authorizing the probation…
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…
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.…
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,…
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…
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,…
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…
People v. Williams (Cal. Ct. App., June 17, 2021, No. E074162) 2021 WL 2472953, at *1–4 Summary: A trial court exercising its discretion pursuant to section 1170 of the Penal Code to recall a sentence and enter a reduced term must: (i) give the parties notice and an opportunity to…
Corona v. Superior Court for the City and County of San Francisco (Cal. Ct. App., June 21, 2021, No. A161369) 2021 WL 2525651, at *1 Summary: San Francisco police arrested Corona after he entered a freestanding garage located on the same property as a house. The People charged him with…