People v. Flores (Cal., May 2, 2024, No. S267522) 2024 WL 1919992, at *12 Background to detention In May 2019, Officer Guy and his partner, Michael Marino, were on patrol in the area of Mariposa Avenue, a “known narcotic[s] area[ ]” and “gang hangout.” The officers drove by a cul-de-sac,…
San Francisco Criminal Lawyer Blog
Trial court has no authority to modify restitution after termination of probation
People v. Koontzy (Cal. Ct. App., Apr. 25, 2024, No. A167703) 2024 WL 1794196, at *1 Summary: Koontzy (appellant) pled no contest to fleeing the scene of an injury accident (Veh. Code § 20001, subd. (a)) and was placed on probation with the condition that she pay victim restitution. Due…
Gross Vehicular Manslaughter While Intoxicated Is Not A Lesser Included Offense Of Murder
People v. Barooshian (Cal. Ct. App., Apr. 16, 2024, No. D081050) 2024 WL 1629664, at *1 Summary: Barooshian was convicted him of murder (Pen. Code, § 187, subd. (a)) under a Watson murder theory. In People v. Watson (1981) 30 Cal.3d 290, (Watson), the California Supreme Court concluded that a…
Discretion To Dismiss An Enhancement Does Not Apply To Allow The Court To Strike The Jury’s Premeditation And Deliberation Finding
People v. Serrano (Cal. Ct. App., Mar. 28, 2024, No. A166011) 2024 WL 1320422, at *6–9 Exercise of Discretion Under Section 1385(c) Serrano argued that the trial court erred by failing to exercise its discretion under section 1385(c) to consider striking the jury’s premeditation and deliberation findings. The People responded…
Due process violated when DMV Hearing Officer acts as an advocate
Knudsen v. Department of Motor Vehicles (Cal. Ct. App., Apr. 4, 2024, No. F085992) 2024 WL 1453228, at *1 Summary: Knudsen appealed the suspension of his driver’s license at an administrative per se (APS) hearing. A hearing officer for the Department of Motor Vehicles (“DMV”) concluded that Knudsen had driven…
Liquor store held to be a public nuisance under the drug house law
The PEOPLE, Plaintiff and Respondent, v.FREETOWN HOLDINGS COMPANY et al., Defendants and Appellants.2024 WL 1325949 (Cal.App. 2 Dist.), 1 Summary: The People of the State of California sued Holiday Liquor for enabling a public nuisance claiming the store allowed illegal drug buyers and sellers to meet for sales. Holiday tolerated…
Traffic stop resulting in recovery of a gun and drugs was not unduly prolonged
People v Felix, 2024 WL 979674 (Cal.App. 2 Dist.) Summary: Felix was arrested in Utah after being stopped for a traffic violation. He consented to a search of his car which resulted in the recovery of a handgun, ammunition and over five kilograms of methamphetamine. While in custody in Utah…
Unlawful detention of driver in a parked car requires suppression of evidence found in search
THE PEOPLE, Plaintiff and Respondent, v. ALBERT JACKSON, Defendant and Appellant. (Cal. Ct. App., Mar. 15, 2024, No. B328954) 2024 WL 1131026, at *1 Summary: Two Los Angeles police officers in a cruiser saw Jackson, an African American man, alone in a parked car. They pulled alongside, boxing Jackson in…
Search of parolee’s car following unlawful detainer was not consensual
People, v Paul 318 Cal.Rptr.3d 142 Summary: Paul pleaded no contest to possession of a firearm with a prior violent conviction (Pen. Code, § 29900, subd. (a)(1)) after the trial court denied his motion to suppress evidence of a firearm pursuant to Penal Code section 1538.5. Paul argues that the…
Misdemeanor DUI is Eligible for Mental Health Diversion
Persiani v. Superior Court, 2024 WL 833043 (Cal.App. 4 Dist.), 1 Summary: A trial court has authority under Penal Code section 1370.01, subdivision (b)(1)(A) to order treatment through mental health diversion for a mentally incompetent misdemeanor defendant charged with driving under the influence. Persiani was charged in four misdemeanor cases…