Except in cases involving a commercial license, attending traffic school should mask the conviction pursuant to Vehicle Code section 1808.7 Vehicle Code section 1808.7 and traffic school Vehicle Code section 1808.7 provides for masking of infractions for which a driver attended traffic school. It states that: The record of the…
San Francisco Criminal Lawyer Blog
Incidental movement of a victim during a robbery is not kidnapping
People v. Taylor (Cal. Ct. App., Jan. 6, 2020, No. B293881) 2020 WL 5698 Summary: A jury convicted Isaac Taylor of kidnapping to commit robbery as well as of the robbery itself. Taylor used a gun to back David Ho four steps towards a dark alley, where Taylor took Ho’s…
Establishing a prima Facie Case for relief under SB 1437
People v. Lewis, 2020 WL 57841 (Cal.App. 2 Dist.) (Cal.App. 2 Dist., 2020) Appeal of trial court denial of petition for re-sentencing without appointment of counsel Defendant Vincent E. Lewis was convicted of first degree premeditated murder in 2012, his conviction was affirmed on appeal in 2014. In January 2019,…
Right to confront witnesses violated when computer monitors blocks defendant’s view of a witness
People v. Arredondo, 2019 WL 6834808 Supreme Court of California, S244166, December 16, 2019 John Arredondo was convicted of lewd acts on child under age 14, lewd act on child under age 16, oral copulation with a child under age 14, and sexual penetration with child under age 14 and…
Driver did not waive doctor-patient privilege by admitting he was on medication
Fish v. Superior Court of San Diego County, 2019 WL 6337434 (Cal.App. 4 Dist.) (Cal.App. 4 Dist., 2019) Synopsis: Mason Fish, charged with gross vehicular manslaughter while intoxicated filed a petition seeking to prevent trial court from reviewing his psychotherapy treatment records and to require trial court to grant his…
Certificate of probable cause not needed to appeal court’s failure to strike mandatory felony enhancements before SB 1393 enacted
THE PEOPLE, Plaintiff and Respondent, v. CHARLES PATRICK ELLIS, Defendant and Appellant., 2019 WL 7161342 (Cal.App. 5 Dist.) (Cal.App. 5 Dist., 2019) SB 1393 gives trial courts discretion to strike five-year prior serious felony enhancements On January 1, 2019, Senate Bill No. 1393 amended Penal Code sections 667, former subdivision…
Evidence of mitigation for youthful offenders ordered by Court of Appeal
THE PEOPLE, Plaintiff and Respondent, v. KEANDRE DION WINDFIELD et al., Defendants and Appellants. (Cal. Ct. App., Dec. 20, 2019, No. E055062) 2019 WL 6974388 Facts: Defendants Harquan Johnson and KeAndre Windfield were each convicted of one count of murder and one count of attempted murder, and assault with a…
Defendant must pay funeral expenses for his victim who died during a fight
THE PEOPLE, Plaintiff and Respondent, v. TYRON JACOB TROUT-LACY, Defendant and Appellant. (Cal. Ct. App., Dec. 13, 2019, No. C1882419) 2019 WL 6816928 Summary: Tyron Jacob Trout-Lacy (defendant) fought with his victim, who was high on methamphetamine and had heart disease. Trout-Lacey punched the victim in the face multiple times…
Police need a warrant to enter a home when shots are fired in a high crime area
THE PEOPLE, Plaintiff and Respondent, v. ADAN RUBIO, Defendant and Appellant. (Cal. Ct. App., Dec. 12, 2019, No. A152455) 2019 WL 6797405 Summary: Police may not break down a door and enter an apartment when the owner refuses to invite them in to investigate after shots were fired in a…
SB 1437 applies to attempted murder convictions based on the natural and probable consequences doctrine
People v. Medrano, 2019 WL 6487272 (Cal.App. 5 Dist.), 21 (Cal.App. 5 Dist., 2019) Natural and probable consequences doctrine and attempted murder The Fifth District Court of Appeal held that Senate Bill 1437 not only abrogated the natural and probable consequences doctrine to murder charges but attempted murder charges also.…