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San Francisco Criminal Lawyer Blog

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SB 1437 hearings in SF Superior Court Dept 25

Thomas Keel will have his 1987 conviction for Second Degree Murder vacated after San Francisco Assistant Deputy District Attorney Allison Macbeth stipulated that Mr. Keel was eligible for re-sentencing under SB 1437, at a hearing in San Francisco Superior Court held on February 7, 2009.   Superior Court Judge Brendan Conroy…

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Re-sentencing under Penalty Code section 1170.95 applies only to murder convictions-not manslaughter

The People, Plaintiff and Respondent, v. Daniel Cervantes, Defendant and Appellant.(Court of Appeal, Second District, Division 6); No. B298077; Filed 1/30/2020; 2020 WL 486867 Re-sentencing under Penal Code section 1170.95 Penal Code section 1170.95, subdivision (a) provides that , a person convicted of first degree or second degree murder  under…

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What to do if your DMV record shows an infraction for which you went to Traffic School

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…

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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,…

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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…

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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…

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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…

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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…

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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…

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