Articles Posted in Uncategorized

THE PEOPLE, Plaintiff and Respondent, v. RONALD RAY ANDERSON, Defendant and Appellant. (Cal. Ct. App., Apr. 28, 2022, No. A162633) 2022 WL 1261422, at *1

Summary: Anderson was convicted of two counts of first degree murder, two counts of robbery, and one count of burglary, and sentenced to 25 years to life. He appealed the denial of his Penal Code section 1170.95 petition, Anderson argued that the trial court erred by admitting in the section 1170.95 evidentiary hearing, testimony from Anderson’s parole suitability hearings. He argued that the testimony should have been excluded under People v. Coleman (1975) 13 Cal.3d 867 (Coleman). The Court of Appeal concluded that Anderson has not established that the trial court erred in considering testimony from his parole suitability hearings.

1170.95 petition

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.

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:

People v. Sands (Cal. Ct. App., Oct. 12, 2021, No. A160973) 2021 WL 4739531, at *1–2

Summary: Sands was 24 years old when he committed a special circumstance murder (Pen. Code §§ 187, 190.2, subd. (a)(10)), and was sentenced to life without the possibility of parole. He filed a motion in the superior court, seeking to develop a record of mitigating circumstances for an eventual youth offender parole hearing (see People v. Franklin (2016) 63 Cal.4th 261, 202 Cal.Rptr.3d 496, 370 P.3d 1053 (Franklin)). The trial court denied Sands’s motion, and he appeals. Having been sentenced to life without the possibility of parole for a crime he committed after the age of 18, he is statutorily ineligible for a youth offender parole hearing (§ 3051, subd. (h)) but argues that the statutory exclusion violates his rights to equal protection.  The Court of Appeal  disagreed and affirmed.

Youth Offender Parole Hearings

People v. Fultz (Cal. Ct. App., Sept. 27, 2021, No. C088566) 2021 WL 4398649, at *1–2

Summary: Based on the government’s conduct throughout the investigation and trial, the trial court rejected the prosecution’s innocent explanations for the constitutional violations. The trial court then dismissed the case against Fultz finding there was no possibility he could receive a fair trial considering the nature of the evidence against him and the violations surrounding his accomplices’ pleas and interviews.

This People’s appeal concerns the gamesmanship the prosecutor can engage in during a criminal prosecution before that gamesmanship is so unconstitutional the pending murder charge against a defendant must be dismissed because no fair trial could possibly be held. The standard for dismissal is high. (United States v. Morrison (1981) 449 U.S. 361, 365, 101 S.Ct. 665, [66 L.Ed.2d 564, 568-569] [“Our approach has thus been to identify and then neutralize the taint by tailoring relief appropriate in the circumstances to assure the defendant the effective assistance of counsel and a fair trial. The premise of our prior cases is that the constitutional infringement identified has had or threatens some adverse effect upon the effectiveness of counsel’s representation or has produced some other prejudice to the defense. Absent such impact on the criminal proceeding, however, there is no basis for imposing a remedy [of dismissal] in that proceeding, which can go forward with full recognition of the defendant’s right to counsel and to a fair trial”].)

People v. Lewis (Cal., July 26, 2021, No. S260598) 2021 WL 3137434, at *1

Summary: The California Supreme Court reviewed Senate Bill No. 1437 (Stats. 2018, ch. 1015; Senate Bill 1437) which eliminated natural and probable consequences liability for murder and limited the scope of the felony murder rule. (Pen. Code, §§ 188, subd. (a)(3), 189, subd. (e), as amended by Senate Bill 1437.) Senate Bill 1437 also added section 1170.95 to the Penal Code,1 which creates a procedure for convicted murderers who could not be convicted under the law as amended to retroactively seek relief.

In this case, the court decided two issues.

In re Palmer (2021) 10 Cal.5th 959

Summary: The California Supreme Court  held that prisoners may challenge their continued incarceration as constitutionally excessive when the Board repeatedly denies parole. The Court had granted review in the case of Palmer who in 1988, was 17 years old when he pleaded guilty to kidnapping for robbery and sentenced to life imprisonment with the possibility of parole, consecutive to a two-year term for use of a firearm.

Palmer was eligible for parole in 1995 but was repeatedly denied parole by the Board. Following his 10th denial, Palmer filed a petition for writ of habeas corpus. Palmer alleged that the 30 years he had already served on a life sentence for an aggravated kidnapping committed when he was a juvenile was constitutionally excessive. Before the Court of Appeal could adjudicate the habeas petition, the Board found him suitable for parole and ordered him released. The California Supreme Court agree with Court of Appeal that habeas corpus relief is available to inmates whose continued incarceration has become constitutionally excessive, but who have been denied release by the Board.

People v. Brugman (Cal. Ct. App., Mar. 30, 2021, No. D076658) 2021 WL 1186143

 Summary: Brugman was convicted of  assault with a deadly weapon was based on his act crashing his vehicle into the car being driven by His former girlfriend as she tried to enter the driveway to her mother’s apartment complex. The jury was required to find that Brugman was “aware of the facts that would lead a reasonable person to realize that a battery would directly, naturally and probably result from his conduct.” (Williams, supra, 26 Cal.4th at p. 788, 111 Cal.Rptr.2d 114, 29 P.3d 197.) The jury was instructed with CALCRIM No. 875 that to find Brugman’s vehicle constituted a deadly weapon, it was required to find that Brugman’s vehicle was “used in such a way that it [was] capable of causing and likely to cause death or great bodily injury.” (See People v. Perez (2018) 4 Cal.5th 1055, 1065, 232 Cal.Rptr.3d 51, 416 P.3d 42 [“a ‘deadly weapon’ under section 245, subdivision (a)(1) is ‘ “any object, instrument, or weapon which is used in such a manner as to be capable of producing and likely to produce, death or great bodily injury,” ’ ” and “cases have recognized a vehicle as a deadly weapon based on the manner it was used”].)

The Court of Appeal fling conviction for assault with a deadly weapon is supported by substantial evidence.