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People v. Hernandez
Jerry Wallingford
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7/22/2010
The Court of Appeal reduced the defendant's three-strike sentence for a second-degree murder conviction (exclusive of enhancements) from 51-years-to-life to 45-years-to-life. The 51-years-to-life was calculated under "option 3" (Pen. Code, sec. 667, subd....
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People v. Mendoza
Patricia Ulibarri
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7/20/2010
The Court of Appeal reversed the indefinite commitment in this SVP case as an equal protection violation, but otherwise affirmed and directed the trial court to suspend further proceedings pending finality of McKee.
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People v. Garcia
Elisa Brandes
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7/19/2010
Appellant was granted probation and the trial court imposed and stayed a $200 Penal Code section 1202.44 fine. When probation was subsequently revoked and reinstated, the trial court ruled that the section 1202.44 fine was due and payable. In this unpubl...
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In re Flores
Melanie Dorian
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7/19/2010
The appellate court granted this habeas writ and vacated a rule violation for attempted battery on a peace officer resulting in the use of force. The appellate court also ordered 150 days of conduct credit restored. The appellate court also advised that ...
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People v. Ouch
Charles Bonneau
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7/16/2010
The Third District Court of Appeal reversed the judgment based the lack of sufficient evidence to support the conviction under Health and Safety Code section 11377. The evidence consisted of (a) testimony that a pit boss at the casino gave the officer a b...
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In re D.S.
Donna Hooper
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7/14/2010
There was insufficient evidence to sustain a petition for possession of stolen property. D.S. was found sleeping in the driver's seat of a disabled car in the desert. The car had been stolen and there were wires hanging down near the ignition. D.S. told of...
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People v. Ybarra
Marcia Clark
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7/14/2010
Appellant argued the trial court committed Tassell (People v. Tassell (1984) 36 Cal.3d 77) error in imposing Penal Code section 667, subdivision (a) enhancements on three counts on which determinate sentences were imposed when the court had already imposed...
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People v. Bindner
Paul Carroll
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7/7/2010
On appeal from a conviction entered upon appellant's no contest plea, appellant argued the trial court erred in imposing a $1,000 felony fine pursuant to Penal Code section 672 since he only agreed in his plea agreement that he could be ordered to pay $10,...
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In re C.W.
Ann Bergen
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7/7/2010
The court agreed with appellant and respondent that the juvenile court erred when it specified a maximum term of confinement when it did not remove the minor from his parents' physical custody. (In re Ali A. (2006) 139 Cal.App.4th 569, 573; see also In re...
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People v. Barron
Audrey Chavez
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7/7/2010
The Court of Appeal found the record of appellant's Colorado conviction for felony menacing did not support a finding that it was based on conduct that would have been a felony in California. Accordingly, the court reversed the true findings that appellant...
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