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U.S. v. Burkett
09-30260
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7/20/2010
There was reasonable suspicion to support the investigatory pat-down search. Appellant was a passenger in a car stopped for speeding. He challenged the denial of his motion to suppress alleging the officer who frisked him during the stop did not h...
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People v. Knighbent
C061208
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7/19/2010
The fine under Penal Code section 1202.5 is subject to penalty assessments. The question before the court was whether the $10 theft fine under section 1202.5 is subject to penalty assessments. Appellant argued the fine was comparable to the restit...
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People v. Glazier
B214200
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7/19/2010
The burglary-by-instrument doctrine applies when a tool is used to enter a building either as a prelude to physical entry, or to remove property, or to commit another felony. Appellant used a paint sprayer filled with gasoline and a 20-foot torch t...
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In re Torres
B221187
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7/15/2010
The Parole Board's failure to retain a parolee during the 30-day review period provided by Penal Code section 3001, subdivision (a) deprives it of jurisdiction to revoke parole at a later date. Under Penal Code section 3001, the Department of Corre...
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People v. Mesa
D056280
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7/13/2010
Because Penal Code section 186.22, subdivision (a) (crime of gang participation) involves distinct criminal objectives and different impacts from the underlying offense, punishment for both is not a violation of the proscription against multiple ...
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People v. Wilson
F056965
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7/13/2010
The immediacy element of Penal Code section 422 (criminal threats) does not place a specific timeline on when a specific and unconditional threat must be executed and does not require an immediate ability to carry out the threat. Appella...
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In re Watford
C062550
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7/9/2010
Dismissal of the predicate Penal Code section 290 offense after a person has been convicted of failure to register is no defense to the registration conviction which remains in effect. In 1986, petitioner was convicted in Massa...
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People v. DiSandro
E049726
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7/7/2010
A person charged with an infraction has a statutory right to a court trial and a right to confront and cross examine witnesses, and the court cannot conduct a trial in the person?s absence unless the absence is knowing and voluntary. Appellant, a ru...
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U.S. v. Johnson et al.
08-10147
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7/6/2010
When a pro se defendant exhibits eccentric courtroom behavior, but that behavior is not disruptive or defiant, the trial court is not required to revoke self-representation, nor would it be justified in doing so. The court held three Faretta hearing...
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