People v. Eddards
C054656
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4/30/2008
The administrative fee added to tne restitution order was unauthorized. Appellant was ordered to make restitution to the State Restitution Fund in the amount of $1055.62, plus a 10 percent administrative fee pursuant to section 1203.1, subdivision...
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People v. Semien
C053802
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4/30/2008
The prosecutor did not violate appellant's constitutional rights by excusing a black juror whose wife worked in the county welfare department. During appellant's trial for assault on a police officer, the prosecutor used a peremptory challenge to e...
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Mendez v. Superior Court
D051512
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4/30/2008
The trial court properly considered information not presented at a motion to continue hearing when it denied a section 1382 motion to dismiss. Mendez sought a writ of prohibition against the trial court's order denying his motion to dismiss becaus...
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In re A.G.et.al.
F054172
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4/28/2008
The trial court did not err when it sustained the department's objection to testimony at 366.26 hearing when detriment issue had been resolved at previous hearing. Mother appealed from an order terminating her parental rights. Three months earlier...
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People v. Keshishian
B194821
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4/24/2008
The trial court did not err when it refused appellant's request to discharge retained counsel. On the day appellant's murder case was called for trial, appellant requested a continuance to hire another lawyer, complaining that he had "lost confide...
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People v. Jacinto
A117076
:
4/23/2008
The trial court erred when it dismissed an information based on the deportation of a defense witness. Jacinto moved to dismiss an information charging him with attempted murder because a defense witness, who had already been served with a subpoena,...
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People v. Litmon
H031348
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4/23/2008
A new statute allowing an indeterminate term for SVP is not retroactive. On March 15, 2007, the superior court issued a retroactive commitment order for Litmon under the new provisions of the Sexually Violent Predator Act (SVPA). (See Welf. & Ins...
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Virginia v. Moore
06-1082
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4/23/2008
As a matter of federal constitutional law, when an officer has probable cause to believe a person has committed a crime in his presence, even a minor one, the arrest is constitutionally reasonable, regardless of the law of the state, and the subsequent ...
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People v. Soukomlane
F052781
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4/23/2008
The trial court has relatively narrow discretion in permitting shackling of a criminal defendant at trial and it is a violation of both federal and state due process to permit shackling without a showing of justification or need. The court granted ...
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In re Vincent G.
C055068
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4/23/2008
In juvenile delinquency cases, relevant evidence, including hearsay, is admissible at a dispositional hearing to assist the court in determining the action to be taken in the minor's best interests. Minor was found to be within the provisions of We...
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People v. Margarejo
B196889
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4/22/2008
A gang enhancement can be based on evidence that indicates that the purpose behind a defendant's "signing" to individuals who are not gang members is to intimidate the community and/or law enforcement. Appellant, who was known to the police as bei...
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People v. Figueroa
E041876
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4/22/2008
For purposes of sentencing, Penal Code sections 667.6, subdivision (d) and 269 are not alternative sentencing schemes but, instead, are cumulative and require mandatory consecutive life terms if the crimes involve the same victim on separate occasions. ...
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People v. Selga
C055082
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4/22/2008
The protective order provision of Penal Code section 1203.097, subdivision (a)(2) applies only to those persons described in (a) through (f) of subdivision (a)(2) of the statute. Appellant was arrested for threatening and harassing his former girl...
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In re Valerie W.
D051056
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4/21/2008
Reversal is required for inadequate adoptability assessment. Parents contended on appeal from the termination of their parental rights that there was insufficient evidence to support the court's adoptability finding. Subsequent to the filing of th...
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People v. Garcia
B194011
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4/21/2008
An unlawful killing, absent malice, during the commission of an inherently dangerous felony, even if unintentional, is voluntary manslaughter. After arguing with his girlfriend, Garcia drank a quantity of beer and fortified wine and then walked to ...
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U.S. v. Arnold
06-50581
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4/21/2008
Warrantless searches made at the border are reasonable and not violative of the Fourth Amendment because they occur at the border and the country has inherent sovereign authority to protect its territorial integrity. Upon arriving at Los Angeles I...
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People v. Gemelli
E043682
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4/18/2008
A crime victim's statement contained in the probation report as to the amount of loss incurred constitutes a prima facie showing of economic loss, thereby shifting the burden of disproving the claim to the defendant. Appellant pled guilty to second...
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People v. Medrano
C056068
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4/18/2008
When a person is initially committed to the California Rehabilitation Center, the sentence imposed is, for practical purposes, only an interim sentence. Pursuant to a negotiated plea agreement in two cases, appellant was sentenced to five years in ...
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People v. Chavez
C052924
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4/17/2008
Observations by a police officer from a location that visitors normally could be expected to use do not violate a reasonable expectation of privacy within the meaning of the Fourth Amendment. Intrusion into an area in which one has a reasonable exp...
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People v. Dobson
F053531
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4/16/2008
The appellate court is not required to independently review the record pursuant to Anders/Wende procedures where the appeal is from the denial of outpatient status pursuant to a petition for restoration of competency under Penal Code section 10...
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People v. Bragg
C053173
:
4/15/2008
The trial court's instructions concerning concurrent intent were not erroneous. Following his conviction for three attempted murders, Bragg contended on appeal that the trial court erred when it allowed the jury to find him guilty of attempted murd...
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People v. Mendez
F052340
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4/11/2008
Reversal was required where the court failed to hold a Marsden hearing following appellant's motion for new trial based on competency of counsel. At the sentencingh hearing following Mendez's conviction for battery on a fellow inmate, defens...
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People v. Gomez
S140612
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4/10/2008
Attempt to use force while fleeing with property is robbery. Gomez entered the victim's restaurant when the victim was not present and pried open and took money from the ATM in the lobby. The victim entered and saw Gomez, who fled. The victim fol...
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