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…
San Francisco Criminal Lawyer Blog
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…
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…
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…
Prosecutor May Vacate Plea Bargain When Prison Priors Are Struck
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…
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…
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…
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…
LWOP offenders may be denied Youthful Offender Parole Hearing
In re Murray (Cal. Ct. App., Apr. 19, 2021, No. A161687) 2021 WL 1526490, at *1–5 Summary Paul Murray was sentenced to life in prison without possibility of parole for a first degree special circumstance murder he committed when he was 22 years old. Murray sought a hearing pursuant to…
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.…