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…
People v. Brewer (Cal. Ct. App., June 7, 2021, No. C089676) 2021 WL 2309551 Summary: Brewer was convicted of second degree robbery, attempted second degree robbery, and felon in possession of a firearm, and sentenced to a determinate term of 63 years. Brewer appealed and contended that his sentence, which…
People v. Esquivel (Cal., June 17, 2021, No. S262551) 2021 WL 2461206, at *1–2 Summary: The California Supreme Court held that the judgment is not final in a case where defendant is placed on probation with imposition of sentence suspended if the defendant may still timely obtain direct review of…
In re Palmer (2021) 10 Cal.5th 959 Summary: The California Supreme Court held that prisoners may challenge their continued incarceration as constitutionally excessive when the Board repeatedly denies parole. The Court had granted review in the case of Palmer who in 1988, was 17 years old when he pleaded guilty…
People v. Tousant (Cal. Ct. App., May 26, 2021, No. A156044) 2021 WL 2134389 Summary: Tousant challenged the denial of his motion to suppress evidence downloaded from his cellphone, seized after an allegedly illegal search of his car left at the scene of an Oakland shooting. Tousant claimed the trial…
People v. Escareno (Cal. Ct. App., May 24, 2021, No. A160209) 2021 WL 2069434, at *1–4 Summary: Escareno pleaded no contest to two felonies, four misdemeanors and an infraction arising from a single incident of driving under the influence of alcohol and without a valid license. The trial court refused…
People v. Houle (Cal. Ct. App., May 18, 2021, No. A159055) 2021 WL 1975277, at *1–5 Summary: Defendant was sentenced to a stipulated six-year prison term after a plea bargain where he pleaded no contest to one count of unlawfully possessing a concealed dirk or dagger pursuant to Penal Code…
People v. Fortman (Cal. Ct. App., May 13, 2021, No. B304567) 2021 WL 1920356, at *1 Summary: A murder conviction that may rest on a theory of vicarious liability later invalidated by Senate Bill No. 1437 must stand if the prosecution proves, beyond a reasonable doubt, that the conviction is…
People v. Walker (Cal. Ct. App., May 6, 2021, No. A158423) 2021 WL 1811648, at *1–4 Summary: Walker appealed following his convictions for felony evasion of a peace officer (Veh. Code, § 2800.2)1 and other crimes. In the published portion of the opinion, the Court of Appeal rejected Walker’s contention…