New Criminal Case Law

January 1, 2022

Diversion not available for misdemeanor drunk driving

Grassi v. Superior Court of Orange County (Cal. Ct. App., Dec. 28, 2021, No. G060362) 2021 WL 6124764, at *1

Summary: Grassi filed a petition for writ of mandate after the trial court concluded that she was statutorily ineligible for misdemeanor diversion. Grassi claims that Penal Code section 1001.95’s plain language and legislative history makes diversion available to misdemeanor driving under the influence defendants despite Vehicle Code section 23640’s prohibition on granting diversion to driving under the influence defendants.

The Court of Appeal, in this case of first impression, we conclude the two statutes can be harmonized to provide diversion to misdemeanor defendants, except for those defendants excluded in Penal Code section 1001.95, subdivision (e), and misdemeanor driving under the influence defendants pursuant to Vehicle Code section 23640. The court denied the petition.

December 23, 2021

Warrantless blood draw from suspect in DUI justified by medical emergency

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People v. Nault (Cal. Ct. App., Dec. 20, 2021, No. B306460) 2021 WL 5997961, at *1–3

Summary: Nault, driving whiledrunk after four previous DUI convictions tried to pass an 18-wheeler on a narrow road. Nault’s pickup hit an oncoming car and killed its driver. While Nault was unconscious from the crash, police took a warrantless sample of his blood. Nault argues this violated the Fourth Amendment. The court of appeal affirmed but direct the trial court to stay a second sentence under Penal Code section 654.

Prior DUI Convictions: At his 2020 trial, Nault stipulated to four DUI convictions between 2000 and 2009. On August 11, 2017, a park ranger found Nault digging his pickup out of beach sand. Nault was stumbling about and he sounded and smelled drunk. He refused field sobriety tests and a blood test. He told the ranger to arrest him and said his blood alcohol content was over 0.08 percent because he drank a Four Loko. The ranger arrested Nault and impounded his truck. Nault’s license was suspended.

December 18, 2021

Court Cannot Summarily Deny A Youthful Offender A Franklin Hearing

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People v. Benzler (Cal. Ct. App., Dec. 14, 2021, No. C092779) 2021 WL 5902741, at *1

Summary: Benzler, sentenced in 2014 for offenses he committed when he was 18 years old, appealed the summary denial of his motion for a Franklin hearing1 under Penal Code section 1203.01.2. Benzler contends he satisfied the eligibility criteria for such a hearing laid out in In re Cook (2019) 7 Cal.5th 439, 247 Cal.Rptr.3d 669, 441 P.3d 912 (Cook) and did not previously have an opportunity to present evidence related to his status as a juvenile offender. He argued for remand so he may make a record of this evidence to use in future parole hearings. The court of appeal reversed the trial court’s order and remanded the matter for further proceedings.

Facts and background

December 12, 2021

Multiple convictions for assault and evading police officers barred when arising from same objective

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In re L.J. (Cal. Ct. App., Nov. 30, 2021, No. A161118) 2021 WL 5578276

Summary: Juvenile defendant came within Juvenile Court’s jurisdiction for reckless evasion of a peace officer, assault with a deadly weapon on a peace officer, and assault with force likely to produce great bodily injury. The juvenile was committed to county institution until earliest of age of 21 or maximum custody time of six years and eight months and ordered to participate in treatment program, and Juvenile defendant appealed.

The Court of Appeal agreed that the punishment on the reckless evasion of police count must be stayed under section 654 because it is based on the same indivisible course of conduct with the same intent and objective as the assault counts. But the statute concerning offenses punishable in different ways by different provisions of law did not prohibit juvenile defendant from being punished for both assault convictions.

December 4, 2021

Bench Warrant Can Issue Even Without Showing Defendant Had Notice

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Valderas v. Superior Court of San Diego County (Cal. Ct. App., Nov. 30, 2021, No. D078735) 2021 WL 5575569, at *1

Summary: Valderas, facing several felony charges, did not appear at a status conference/trial call on October 20, 2020. It was the second consecutive court appearance that Valderas missed. The trial court issued a bench warrant for Valderas but ordered the warrant to be held until December 8, 2020, the date on which the court had set a readiness conference. The court sent notice to Valderas by mail to his last known address. When Valderas did not appear at the December 8 hearing, the court lifted its hold on the bench warrant.

Valderas seeks a writ of mandamus to recall the December 8 bench warrant. The court denied Valderas’s relief.

November 26, 2021

Parole violation of lifetime parolees requires written report by parole agency

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People v. Williams (Cal. Ct. App., Nov. 23, 2021, No. A159914) 2021 WL 5460724, at *1–2

Summary: Williams, was convicted of murder in 1995 and sentenced to 30 years to life in prison and was released on lifetime parole in 2018. In 2019, he was charged with two misdemeanors, and the district attorney filed a petition to revoke his parole. The trial court determined that Williams had committed one of the charged offenses and remanded him to prison, the required sanction whenever a court finds that a lifetime parolee has violated parole. (Pen. Code, § 3000.08, subd. (h) (section 3000.08(h).)

Williams appealed claiming that the trial court erred by refusing to refer the matter to the parole agency for a written report before ruling on the petition. Under the plain terms of section 1203.2, subdivision (b)(1) (section 1203.2(b)(1)), a court is required to receive a parole agency’s written report before ruling on a parole revocation petition initiated by a district attorney. There is no implied exception to this requirement when such a petition is filed against a lifetime parolee such as Williams, because the report is not pointless even though a court has no discretion to impose intermediate sanctions.

November 20, 2021

A voluntary manslaughter jury instruction is required, where objective circumstances supporting imperfect self defense, even if delusional

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People v. Schuller (Cal. Ct. App., Nov. 10, 2021, No. C087191) 2021 WL 5228434, at *1

Summary: Schuller, shot his long-time friend, W.T., nine times in the head and set the body on fire. Schuller testified, claiming self-defense, but his trial testimony about suggested he was delusional and hallucinating. Following a plea of not guilty by reason of insanity, a jury found Schuller guilty of first degree murder in the guilt phase. He was found legally sane and sentenced to a term of 50 years to life.

On appeal, Schuller contends the trial court erred in refusing to instruct the jury on voluntary manslaughter based on imperfect self-defense. He argues that evidence demonstrates he had an actual, albeit unreasonable, belief in the need for self-defense that was not entirely delusional. The Courtnof appeal agreed but find the error harmless.

November 13, 2021

Court cannot summarily dismiss petition for resentencing based on preliminary hearing transcript

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People v. Davenport (Cal. Ct. App., Nov. 10, 2021, No. A161954) 2021 WL 5230876, at *1–3

Summary: In 2007, Davenport pled no contest to second degree murder with a firearm enhancement and was sentenced to 18 years to life. Davenport appealed the denial of his petition for resentencing pursuant to Penal Code section 1170.95. Davenport contends that the trial court erroneously concluded he failed to make a prima facie showing of entitlement to relief by relying on facts stated in the preliminary hearing transcript in the absence of any stipulation from him that the facts supplied a basis for his plea. The Court of Appeal agreed and reversed the order summarily denying His petition and remanded this case for further proceedings.

Facts: Davenport was charged by information with murder (§ 187), alleging he committed the murder “unlawfully and with malice aforethought.” The information included an enhancement for personal and intentional discharge of a firearm causing great bodily injury and death as well as personal and intentional discharge and personal use of a firearm. (§ 12022.53, subds. (b)–(d).)

November 6, 2021

Evidence seized as a result of an unlawful detention must be suppressed

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THE PEOPLE, Plaintiff and Respondent, v. OSCAR CUADRA, Defendant and Appellant. (Cal. Ct. App., Nov. 5, 2021, No. B310554) 2021 WL 5149775, at *1–3

Summary: Cuadra was charged with possession of a firearm by a felon in violation of Penal Code section 29800, subdivision (a)(1). Before pleading no contest, Cuadra filed a motion to suppress the firearm evidence under Penal Code section 1538.5 as the fruit of an unlawful detention. On appeal Cuadra argued that the trial court erred when it denied the motion.The Court of Appeal agreed and reversed.

Facts:

October 30, 2021

AB 1950, limiting the length of probation to 2 years (PC 1203.1), applies retroactively to all cases not yet final on appeal

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People v. Greeley (Cal. Ct. App., Oct. 19, 2021, No. H047281) 2021 WL 4889494, at *1

Summary: Greeley was convicted by jury trial of first degree burglary (Pen. Code, § 460, subd. (a)).1 The trial court suspended imposition of sentence, placed defendant on probation for three years, and imposed various fines and fees, and restitution. On appeal, Greeley claimed that the three-year term of probation is now unauthorized; and the court should strike the criminal justice administration fee and the probation supervision fee. The court of appeal agreed that the term of probation should be reduced to two years and that the unpaid portions of the criminal justice administration and probation supervision fees should be stricken. The court reversed the judgment and remand with instructions.

Fines and Fees