Barajas v. Appellate Division of Superior Court of Los Angeles County, 2019 WL 4894231 (Cal.App. 2 Dist.) (Cal.App. 2 Dist., 2019) Arraignment on Misdemeanor charge of carrying a dirk or dagger Eliseo Barajas was arrested and arraigned on a misdemeanor charge of carrying a dirk or dagger. Barajas sought to…
San Francisco Criminal Lawyer Blog
Franklin Proceedings available to juvenile lifers sentenced after People v. Franklin (2016) was decided.
THE PEOPLE, Plaintiff & Respondent, v. MICHAEL DAMION JUDE MEDRANO, Defendant & Appellant, No. E070042, 2019 WL 4894333 (Cal. Ct. App. Oct. 4, 2019) Medrano sentenced to life at age 19 Michael Damion Jude Medrano was 19 years old when he committed the crimes of one count of first degree…
Presence of a small amount of marijuana in a car does not provide probable cause for a vehicle search.
People v. Lee, No. D073740, 2019 WL 4871480, at *3–10 (Cal. Ct. App. Oct. 3, 2019) Vehicle stop and warrantless search of the vehicle In 2017 San Diego Police Officers Robles and Cooper stopped a gold-colored Cadillac DeVille with no front license plate and tinted windows in violation of Vehicle…
California Court of Appeal Rules Possession of Burglary Tools Includes Constructive Possession
People v. Bay, 2019 WL 4564854 (Cal.App. 1 Dist.), 1 (Cal.App. 1 Dist., 2019) The Stop and Search A Napa County Sheriff’s deputy was on patrol at 2:00 a.m. on September 9, 2017, when he noticed a Cadillac SUV parked illegally near a popular overlook. The deputy approached and saw…
Parole Hearing Transcripts Are Not Part of Record of Conviction in SB 1437 Hearings
Felony Murder Rule Changed by SB 1437 Senate Bill No. 1437 revised the felony murder rule in California. Under the felony murder rule, someone who aided and abetted an underlying felony was strictly liable for murder if a co-participant killed someone during the commission of the felony (People v. Cavitt…
Aider and abettor found guilty of felony-murder special circumstance is not eligible for re-sentencing under SB 1437
People v. Gutierrez-Salazar, 38 Cal. App. 5th 411, 251 Cal. Rptr. 3d 178 (Ct. App. 2019), reh’g denied (Aug. 30, 2019) Defendant Dionicio Gutierrez-Salazar was by a jury of two murders for homicides committed in 2013 and 2015. As to the 2013 homicide, defendant was convicted of first degree murder…
Hearsay Admissible to Deny Dismissal or Reduction of Marijuana Convictions under Proposition 6
People v. Hall, No. 2D CRIM. B292330, 2019 WL 4267761 (Cal. Ct. App. Sept. 10, 2019) Proposition 64 and reduction of marijuana convictions Proposition 64, an initiative measure known as “the Control, Regulate and Tax Adult Use of Marijuana Act,” amended section 11360 and added new sections 11361.8 and 11362.1.…
Paramount Duty of Prosecutors is to Provide a Fair Trial-Not Obtain Convictions
People v. Force, No. G055482, 2019 WL 4071849 (Cal. Ct. App. Aug. 29, 2019) Denial of Fair Trial Appellant Steven Force, a sexually violent predator receiving treatment at a state mental hospital for pedophilia and exhibitionism challenged the trial court’s order denying his petition to be placed in a…
Counsel Must Be Appointed on Immigration Motion to Vacate a Conviction
People v. Millan Rodriguez, 2019 WL 3852665 (Cal.App. 4 Dist.) Vacating a conviction because of inability to understand immigration consequences (Penal Code Section 1473.7) On January 1, 2017, Penal Code section 1473.7 went into effect. It allows a defendant to challenge a conviction based on a guilty plea where prejudicial…
Flight in a high crime area does not give police probable cause to detain
(People v. Flores (Aug. 12, 2019, No. G055861) ___Cal.App.5th___ [2019 Cal. App. LEXIS 740, at *1].) Gang Investigation Leads to Detention A team of Huntington Beach police officers investigating the “Looney Tunes Crew,” also known as the “LTK” street gang, saw the defendant in an area where they knew criminal…