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San Francisco Criminal Lawyer Blog

Updated:

Case is not final if defendant is on probation with a suspended sentence

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…

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What is excessive punishment under the constitution?

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…

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Warrantless search of cell phone seized from car left at a shooting upheld

 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…

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No dismissal of non-felony motor vehicle charges when defendant is charged in a single action and sentenced to prison

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…

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Prosecution must prove beyond a reasonable doubt murder conviction under vicarious liability conviction is valid under a viable theory

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…

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Reckless Driving (§ 23103) is Not a  Lesser Included Offense of Felony Evasion of a Peace Officer

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…

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Court abused its discretion in denying mental health diversion

The People, Plaintiff and  Respondent, V. Christopher Eric Williams, Defendant And Appellant. (Cal. Ct. App., Apr. 30, 2021, No. A160530) 2021 WL 1712162, At *1–4  Summary: Christopher Williams pled no contest to one count of felony stalking (Pen. Code, § 646.9, subd. (a)1). Shortly after Williams’s plea, the Legislature passed…

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Felony-murder special-circumstance finding does not bar section 1170.95 relief.

People v. Secrease (Cal. Ct. App., Apr. 19, 2021, No. A158342) 2021 WL 1538008, at *1  Summary:In 1998, a jury convicted Secrease of first degree murder and carjacking, finding true a special circumstance charge under section 190.2, subdivision (a)(17)(L) that the murder was committed during a carjacking. (§ 215, subd.…

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