|
People v. Cross
Janice Lagerlof
:
3/8/2010
The Court of Appeal held that the trial court erred in imposing a five-year gang enhancement under Penal Code section 186.22, subdivision (b)(1)(B) on a conviction for solicitation of murder (Pen. Code, secs. 653f/187), because solicitation of murder is no...
|
|
People v. Treadway
Ann Hopkins
:
3/1/2010
(Certified for publication.) Appellant had suffered major brain damage when he was hit by a drunk driver, and his mental condition was deteriorating. In that state, appellant robbed the victim and then shot him four times, wounding him seriously, after t...
|
|
People v. Cuevas
Jeffrey Glick
:
2/26/2010
Appellant was assessed $795 in fines and unidentified penalty assessments. The Court of Appeal remanded the matter for the trial court to identify the amounts.
|
|
In re Carlos J.
Syda Kosofsky
:
2/26/2010
The court modified gang-related conditions of probation to comply with due process.
|
|
People v. Lopez
Carl Gonser
:
2/25/2010
Appellant was convicted of driving under the influence causing death to one person and great bodily injury to another. As part of the victim restitution award, appellant was ordered to pay $26,000 in attorney fees because most of the victim's attorney's t...
|
|
People v. Carranco
Victoria Stafford
:
2/24/2010
Appellant was a codefendant in the case of People v. Hernandez (2009) 178 Cal.App.4th 1510. In that case, the Court of Appeal held a gag order preventing trial counsel from discussing witness declarations with the defendant was a denial of his right to ef...
|
|
In re C.C.
Lori Quick (SDAP)
:
2/23/2010
The minor committed a burglary. He was placed in the drug treatment court. He and the court signed a drug court contract which included the promise that if he successfully completed the program, the wardship would be dismissed. He also agreed to pay vic...
|
|
People v. Taravella
John Schuck
:
2/23/2010
Appellant was convicted of committing oral copulation of a minor under the age of 16 years by one at least 21 years old. In a published decision, the Court of Appeal held that the trial court had discretion to determine if appellant should continue to reg...
|
|
In re F.A.
Karli Sager
:
2/19/2010
The court found the minor carried a concealed dirk or dagger in a public place. (Pen. Code, § 12020, subd. (a)(4).) The matter was remanded for the juvenile court to determine if the offense was a felony or a misdemeanor.
|
|
In re I. M.
Lynette Moore
:
2/19/2010
The trial court failed to exercise its discretion to declare whether the offense of possession of a firearm by a minor should be a misdemeanor or a felony. The Court of Appeal remanded the case for findings pursuant to In re Manzy W. (1997) 14 Cal.4th 1199...
|
|
People v. Iniguez
Rebecca Jones
:
2/19/2010
Unpublished opinion. Appellant and co-defendant De Leon, with others, kidnapped, robbed and shot Stoner and Garnett. Stoner died. Garnett survived but was seriously injured. Defendants were convicted (inter alia) of murder with kidnapping, criminal-street-...
|
|
People v. De Leon
Deborah Hawkins
:
2/19/2010
Appellant, with a co-appellant and others, kidnapped, robbed and shot Stoner and Garnett. Stoner died. Garnett survived but was seriously injured. Appellants were convicted (inter alia) of murder with kidnapping, criminal-street-gang, and robbery special c...
|
|
People v. James
Jerry Wallingford
:
2/19/2010
The trial court failed in its duty to instruct sua sponte on unanimity for assault with a deadly weapon. The prejudicial error resulted in reversal of the assault count. Appellant was initially charged with assaulting a female victim with a knife. The cour...
|
|
In re M. W.
Randall Conner
:
2/18/2010
The trial court failed to exercise its discretion to declare whether the offense of receiving stolen property, a violation of Penal Code section 496, was a misdemeanor or a felony. The Attorney General conceded and the case was reversed for findings pursua...
|
|
People v. Greenlaw
Shanti O'Brien
:
2/18/2010
Appellant falsely claimed to be an officer of a homeowner's association and withdrew some money from its account. The Court of Appeal agreed that minutes from a particular association meeting lacked trustworthiness to be admitted. Without the minutes, th...
|
|
In re M.S.
Cathy Czar
:
2/18/2010
The order terminating parental rights was reversed to ensure that proper notice was sent as required by ICWA.
|
|
People v. Legaspi
Randy Kravis
:
2/18/2010
The Court of Appeal agreed the abstract of judgment failed to correctly reflect the sentence. One count was stayed, the restitution fine was purportedly $6000 when it should have been $1500, the amount of the drug program fines and lab fines were not clea...
|
|
People v. Ortiz
Ozro Childs
:
2/18/2010
Appellant was convicted of robbery with a gang enhancement. He was placed on probation on condition, among other things, that he possess no alcohol and be subject to drug and alcohol testing. The Court of Appeal agreed there was insufficient evidence to ...
|
|
In re A.M.
Marsanne Weese
:
2/11/2010
The minor touched another boy's penis with a hand. The Court of Appeal concluded there was insufficient evidence to order appellant to undergo AIDS testing. Further a probation condition not to associate with certain people needed to be modified to requi...
|
|
In re J.M.
Lori Quick (SDAP)
:
2/10/2010
The minor admitted committing a hit and run and possessing a concealed knife or dagger. He was placed in the drug treatment court. He and the court signed a drug court contract which included the promise that if he successfully complete the program, the ...
|
