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San Francisco Criminal Lawyer Blog

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Pre-trial defendants in county authorized home-detention programs are entitled to custody credits  

People v. Yanez (Cal. Ct. App., Nov. 15, 2019, No. A156074) 2019 WL 6043474 While awaiting trial, the court had imposed home detention subject to electronic monitoring as a condition of reducing Yanez’s bail from $480,000 to $100,000. Yanez had spent 555 days on electronic home detention, in a program…

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Police may seize a dashboard camera without a warrant after an accident

People v. Tran, 2019 WL 5958335 (Cal.App. 4 Dist.) (Cal.App. 4 Dist., 2019) Background: Robert Tran was convicted of reckless driving, in violation of Vehicle Code section 23103, subdivision (a) and was sentenced to three years’ probation with 30 days in custody. Tran appealed the trial court’s denial of his…

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Appeal of suspension after DMV Hearing finds DMV acted properly

Evans v. Shiomoto (Cal. Ct. App., Oct. 21, 2019, No. D073969) 2019 WL 5886970, at *1–7 The DUI stop, arrest and suspension Evans was pulled over for driving with his off-road-only lights illuminated while on a “highway,” in violation of Vehicle Code section 24411. The officer observed signs of intoxication…

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Public Defender cannot be appointed on People’s appeal of  a suppression order in a misdemeanor case

Gardner v. Appellate Division of Superior Court of San Bernardino County (Cal. Ct. App., Nov. 12, 2019, No. E066330) 2019 WL 5886241, at *1–4 Right to appointed counsel on appeal in a misdemeanor case  The California Supreme Court held that, when the People appeal from a suppression order in a…

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Trial court erred in dismissing re-sentencing petition for felony murder

Trial court erred in dismissing re-sentencing petition for felony murder People v. Ramirez, 2019 WL 5387737 (Cal.App. 2 Dist.), 5 (Cal.App. 2 Dist., 2019) Not Reported in Cal.Rptr., 2019 WL 5387737 Summary: Raymond Salvador Ramirez (defendant) appealed from the summary denial of his petition filed pursuant to Penal Code section…

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Police cannot automatically conduct a pat down search of a robbery suspect for weapons

In re Jeremiah S. (Cal. Ct. App., Oct. 18, 2019, No. A155856) 2019 WL 5302782, at *1–7  The robbery, detention, pat search and arrest arrest of Jeremiah S. On July 2, 2018, Ornin Gosuwin was carrying a shoulder bag and holding an iPhone as she walked on Spear Street toward…

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A complaint dismissed for prosecutorial vindictiveness cannot be refiled

People v. Sanchez, 2019 WL 5304531 (Cal.App. 1 Dist.) (Cal.App. 1 Dist., 2019) Summary: Angel Sanchez (Sanchez) was charged by re-filed complaint with robbery, assault with a deadly weapon on a transit passenger, and receiving stolen property. The  magistrate granted Sanchez’s  motion to dismiss the complaint for prosecutorial vindictiveness,  The…

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Prosecution Must Justify a Delay in Charging a Defendant When Prejudice Has Been Shown

Dickerson v. Superior Court of Alameda Cty., 40 Cal. App. 5th Supp. 1, 252 Cal. Rptr. 3d 871, 874–82 (Cal. App. Dep’t Super. Ct. 2019) Petitioners contend that delays in charging each of them resulted in a deprivation of due process rights under the California Constitution. In both cases, the…

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Receiving a Stolen Vehicle Valued at $950 or Less May be Treated as a Misdemeanor under Prop. 47

People v. Wehr, No. E070345, 2019 WL 5166227, at *1–8 (Cal. Ct. App. Oct. 15, 2019) Proposition 47 and Receipt of Stolen Property The Safe Neighborhoods and Schools Act (Proposition 47) amended Penal Code § 496 so that receiving any stolen property worth $950 or less is a misdemeanor. (§…

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