Unparalleled Experience

Over three decades of work
as an attorney and police officer

Proven Results

Many cases dismissed or charges reduced

SF’s Top DMV Law Office

Thousands of
licenses saved

Negligent operator hearings
Excessive DMV points
Age discrimination
License re-examinations

DUI and Traffic Defense

Avoid jail and going to court
Save your license
Charge reductions

Criminal Defense

Hire a former police officer with a team of “top flight”
private investigators and experts with law-enforcement
backgrounds.
If you are innocent or have facts that have been ignored
by the police, we can help!

Since 1985

San Francisco Traffic Law Clinic

SF’s largest and longest running traffic law firm
Experienced traffic attorney will handle your ticket for less
than cost of the fine!
We successfully represent over 3000 cases annually
Special Internet discount: SF 1 point infraction only $99.00!

San Francisco Criminal Lawyer Blog

December 27, 2020

Resentencing of veterans under Section 1170.91 Is Unavailable in a Plea Bargain to a Stipulated Term of Years

by Uthman Law Office

People v. Brooks (Cal. Ct. App., Dec. 22, 2020, No. A158988) 2020 WL 7586811, at *1

Summary: Jason Brooks appealed the denial of a petition seeking recall of his sentence pursuant to Penal Code section 1170.91. Brooks agreed to a stipulated term of years in a plea bargain 13 years ago, and sought recall of his sentence under section 1170.91, subdivision (b)(1), invoking an amendment to section 1170.91 enacted two years ago. The Court of Appeal upheld the summary denial of his petition.

Facts:

December 19, 2020

Supreme Court Hold SB 1437 bars a conviction for second degree murder under the natural and probable consequences doctrine

by Uthman Law Office

People v. Gentile, Supreme Court of California, (S256698), December 17, 2020 — P.3d —- 2020 WL 7393491

Aider and abettors and liability under the natural and probable consequences doctrine

An accomplice who aids and abets a crime is liable for both that crime and any other offense committed that is the natural and probable consequence of the aided and abetted crime. Liability under the natural and probable consequences doctrine can be imposed even if the accomplice did not intend the additional offense. (People v. McCoy (2001) 25 Cal.4th 1111, 1117, 108 Cal.Rptr.2d 188, 24 P.3d 1210 (McCoy).

December 15, 2020

DUI Defendants Ineligible For Pretrial Mental Health Diversion

by Uthman Law Office

David Peter Moore, Sr., Petitioner, V. The Superior Court of Riverside County, Respondent; THE PEOPLE, Real Party in Interest. Court of Appeal, Fourth District, Division 2, California. December 11, 2020 — Cal.Rptr.3d —- 2020 WL 7296513

Summary: Vehicle Code section 23640 and its predecessor, Vehicle Code former section 23202, have generally made DUI defendants ineligible for any form of pretrial diversion. In 2018, the Legislature enacted Penal Code section 1001.36, making defendants charged with “a misdemeanor or felony” and who suffer from a qualifying mental health disorder generally eligible for pretrial mental health diversion. (Stats. 2018, ch. 34, § 24.) The Legislature then amended Penal Code section 1001.36 to make defendants charged with murder and other specified offenses categorically ineligible for pretrial mental health diversion. (§ 1001.36, subd. (b)(2); Stats. 2018, ch. 1005, § 1.) But the Legislature did not amend Penal Code section 1001.36 to clarify that DUI defendants are eligible for pretrial mental health diversion, notwithstanding Vehicle Code section 23640.

The issue in this case is one of statutory interpretation: In light of Vehicle Code section 23640, are DUI defendants categorically ineligible for pretrial mental health diversion under Penal Code section 1001.36? In Tellez v. Superior Court (2020) 56 Cal.App.5th 439 (Tellez), the Court addressed the same question and concluded, based on the legislative history of Penal Code sections 1001.36 and 1001.80 (military diversion), that the Legislature did not intend DUI defendants to be eligible for pretrial mental health diversion under section 1001.36. (Tellez, at pp. 447-448.)

December 12, 2020

AB 3234: New Law Allows Diversion for Most Misdemeanors; Expands Elderly Parole Eligibility

by Uthman Law Office

AB 3234, taking effect on January 1, 2021, allows for diversion in almost all misdemeanor cases, including DUI, vehicular manslaughter, elder abuse, child abuse, assault, hate crimes, carrying a concealed firearm, possession of a firearm in a school zone, criminal threats, and dissuading a witness. Upon completion of diversion, as defined by the judge, the case shall be dismissed and the crime deemed to never have occurred.

Diversion and dismissal of the case under AB 3234

Under AB 3234, a judge in the superior court in which a misdemeanor is being prosecuted can offer misdemeanor diversion to a defendant over the objection of a prosecuting attorney, except as specified. A judge can continue a diverted case for a period not to exceed 24 months and order the defendant to comply with the terms, conditions, and programs the judge deems appropriate based on the defendant’s specific situation. At the end of the diversion period, if the defendant complies with all required terms, conditions, and programs, the judge is required to dismiss the case against the defendant. The arrest upon which diversion was imposed will be deemed to have never occurred. The court may end the diversion and order resumption of the criminal proceedings if the court finds that the defendant is not complying with the terms and conditions of diversion.

December 6, 2020

Court of Appeal rules that lawful possession of marijuana does not provide probable cause to search a vehicle

by Uthman Law Office

People v. Hall (Cal. Ct. App., Nov. 24, 2020, No. A157868) 2020 WL 6882240, at *1–7

Facts: When Hall was pulled over for a vehicle-equipment violation in 2018, a San Francisco police officer observed in the car “a clear plastic baggie” of what appeared to be marijuana. Police officers the. searched Hall’s car and found a gun in a closed backpack, resulting in criminal charges against Hall. The trial court denied Hall’s motion to suppress the evidence found in this search.

Proposition 64

November 27, 2020

Conduct credits earned in CDCR cannot be applied to reduce a prisoner’s nonviolent parole eligible date (Prop. 57)

by Uthman Law Office

In re Canady (Cal. Ct. App., Nov. 25, 2020, No. C089363) 2020 WL 6938325, at *1–3

Summary: Canady filed a writ of habeas corpus in the superior court seeking early parole consideration under Proposition 57, also known as the Public Safety and Rehabilitation Act of 2016 (Prop. 57). Canady asserted the California Department of Corrections and Rehabilitation’s (CDCR) regulation implementing Prop. 57 was inconsistent with the Proposition. The CDCR regulation did not consider conduct credits inmates earned while incarcerated in the calculation of inmates’ nonviolent early parole eligible dates. The superior court agreed with Canady and invalidated the Department’s regulation as contradicting the stated purposes of the Proposition.

The Attorney General appealed from the superior court’s order, arguing that the regulation is consistent with and authorized by the plain language of Prop. 57, which grants broad discretion. The Court of Appeal agreed and reversed the order.

November 22, 2020

Youthful Offenders Sentenced to LWOP Not Entitled to a Youth Offender Parole Hearing

by Uthman Law Office

In re Williams (Cal. Ct. App., Nov. 16, 2020, No. B303744) 2020 WL 6707335, at *1

Michael Williams was convicted by a jury of of two counts of first degree murder (Pen. Code, § 187, subd. (a))1 that he committed during a robbery when he was 21 years old. The jury found true the allegation that he personally used a firearm in the commission of the robbery (§ 12022.5, subd. (a)). It also found true the special circumstance allegations that he committed multiple murders (§ 190.2, subd. (a)(3)) and murder during the commission of robbery (§ 190.2, subd. (a)(17)). A court sentenced him to two consecutive terms of life without the possibility of parole (LWOP).

Summary: Williams, self-represented at the time, filed a petition for writ of habeas corpus on January 21, 2020. Williams asserted that the denial of a youth offender parole hearing under section 3051 violates his right to equal protection of the laws and constitutes cruel and unusual punishment. Under section 3051, subdivision (b), most inmates under age 26 at the time of their “controlling offense” become eligible for a youth offender parole hearing in their 15th, 20th, or 25th year of incarceration. The different statutory parole hearing dates depend on the offense. (§ 3051, subd. (b).) Section 3051, subdivision (h) is the exception to the rule. It excludes from youth offender parole hearings offenders, like petitioner, who are serving LWOP sentences for offenses committed “after the person had attained 18 years of age.”

November 15, 2020

Grand theft conviction reduced to petty theft based on fair market value of merchandise

by Uthman Law Office

People v. Grant (Cal. Ct. App., Nov. 12, 2020, No. D076576) 2020 WL 6608321, at *1

Summary: Kenneth Grant stole merchandise from a Wilsons Leather outlet store where everything is sold at a discount, determined by applying varying discount percentages to a “comparable value” the store displays on tags attached to each product. At trial, the prosecution introduced evidence showing that the cumulative comparable values of the stolen merchandise exceeded the $950 felony theft threshold. There was no evidence establishing that the comparable values represented the merchandise’s actual fair market values, and the only evidence of actual sales price was for a few of the stolen products (totaling about $265). The jury found the value of the stolen merchandise exceeded $950, and convicted Grant of grand theft (Pen. Code, § 487, subd. (a))1 and burglary (§ 459). The trial court sentenced Grant to three years in local custody.

On appeal, Grant contends his grand theft conviction must be reduced to petty theft, and his burglary conviction must be reversed, because (1) the trial court erroneously instructed the jury regarding the definition of fair market value; (2) the trial court failed to instruct the jury regarding the distinction between burglary and misdemeanor shoplifting; and (3) substantial evidence does not support the finding that the value of the stolen merchandise exceeded $950.

November 11, 2020

Court Of Appeal Finds Mentally Ill Defendant Received Ineffective Assistance of Counsel Comments on over-incarceration of mentally ilL

by Uthman Law Office

People V. O’Hearn (Cal. Ct. App., Nov. 9, 2020, No. A158676) 2020 WL 6556592, at *1–2

Patrick Sean O’Hearn appealed from the denial of his motion to vacate a guilty plea to charges of making a criminal threat. The Court of Appeal held that O’Hearn received ineffective assistance of counsel in the in his plea bargain and reversed and and remanded with directions for the superior court to conduct a trial on the charges.

The Underlying Offense

November 8, 2020

Penal Code 1170.94 did not abolish implied malice for a DUI Murder

by Uthman Law Office

People v. Roldan (Cal. Ct. App., Oct. 30, 2020, No. B298570) 2020 WL 6375578, at *1

Summary: Marlon Roldan was convicted of second degree murder under an implied malice theory for killing a person while driving under the influence of alcohol (DUI). He filed a petition in the superior court for resentencing under Penal Code section 1170.95. He also requested appointment of counsel. The court found he was ineligible for relief as a matter of law because he was convicted under a theory of direct rather than vicarious liability. The court denied the petition without appointing counsel or holding an evidentiary hearing.

Roldan appealed claiming that Penal Code section 1170.95 should apply to his conviction for DUI murder, and he should have been appointed counsel to assist with his petition. The Court of appeal disagreed and affirmed the tail court’s ruling.