CDCR incarcerates people convicted of violent felonies, supervises those released to parole, and provides rehabilitation programs to help them reintegrate into the community with the tools to be drug-free, healthy, and employable members of society. The Budget proposes total funding of $13.1 billion ($12.7 billion General Fund and $345 million…
In re Gadlin Supreme Court of California. December 28, 2020 — P.3d —- 2020 WL 7690154 Proposition 57- nonviolent felony parole consideration In 2009, a three-judge federal district court panel ordered the CDCR “to reduce the prisoner population to 137.5% of the adult institution’s total design capacity.” (Coleman v. Schwarzenegger…
People v. Brooks (Cal. Ct. App., Dec. 22, 2020, No. A158988) 2020 WL 7586811, at *1 Summary: Jason Brooks appealed the denial of a petition seeking recall of his sentence pursuant to Penal Code section 1170.91. Brooks agreed to a stipulated term of years in a plea bargain 13 years…
People v. Gentile, Supreme Court of California, (S256698), December 17, 2020 — P.3d —- 2020 WL 7393491 Aider and abettors and liability under the natural and probable consequences doctrine An accomplice who aids and abets a crime is liable for both that crime and any other offense committed that is…
David Peter Moore, Sr., Petitioner, V. The Superior Court of Riverside County, Respondent; THE PEOPLE, Real Party in Interest. Court of Appeal, Fourth District, Division 2, California. December 11, 2020 — Cal.Rptr.3d —- 2020 WL 7296513 Summary: Vehicle Code section 23640 and its predecessor, Vehicle Code former section 23202, have generally…
AB 3234, taking effect on January 1, 2021, allows for diversion in almost all misdemeanor cases, including DUI, vehicular manslaughter, elder abuse, child abuse, assault, hate crimes, carrying a concealed firearm, possession of a firearm in a school zone, criminal threats, and dissuading a witness. Upon completion of diversion, as…
People v. Hall (Cal. Ct. App., Nov. 24, 2020, No. A157868) 2020 WL 6882240, at *1–7 Facts: When Hall was pulled over for a vehicle-equipment violation in 2018, a San Francisco police officer observed in the car “a clear plastic baggie” of what appeared to be marijuana. Police officers the.…
In re Canady (Cal. Ct. App., Nov. 25, 2020, No. C089363) 2020 WL 6938325, at *1–3 Summary: Canady filed a writ of habeas corpus in the superior court seeking early parole consideration under Proposition 57, also known as the Public Safety and Rehabilitation Act of 2016 (Prop. 57). Canady asserted…
In re Williams (Cal. Ct. App., Nov. 16, 2020, No. B303744) 2020 WL 6707335, at *1 Michael Williams was convicted by a jury of of two counts of first degree murder (Pen. Code, § 187, subd. (a))1 that he committed during a robbery when he was 21 years old. The…
People v. Grant (Cal. Ct. App., Nov. 12, 2020, No. D076576) 2020 WL 6608321, at *1 Summary: Kenneth Grant stole merchandise from a Wilsons Leather outlet store where everything is sold at a discount, determined by applying varying discount percentages to a “comparable value” the store displays on tags attached…