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San Nicolas v. Harris
Defendant properly enrolled in California's sex offender tracking program based on his Washington conviction for communicating with a minor for immoral purposes.
Criminal Law and Procedure Dec. 29, 2016
People v. Corpening
Defendant may not be sentenced for both robbery and carjacking as offenses both completed by same 'act' as defined under Penal Code Section 654.
Criminal Law and Procedure Dec. 29, 2016
People v. Kindall
Sentencing court precluded from using prison priors that had been redesignated as misdemeanors to enhance sentence on defendant's current felony.
Criminal Law and Procedure Dec. 26, 2016
People v. Meraz
Reconsideration of confrontation clause challenges in light of the California Supreme Court's recent decision in 'People v. Sanchez' does not require reversal, resulting once again in affirmed judgments.
Criminal Law and Procedure Dec. 22, 2016
People v. Myles
Trial court errs in imposing crime lab analysis fee for drug offense not enumerated under Health and Safety Code Section 11372.5(a).
Criminal Law and Procedure Dec. 22, 2016
People v. Relkin
Mandatory supervision condition that required defendant to report any contact with peace officers found to be unconstitutionally vague and overbroad.
Criminal Law and Procedure Dec. 22, 2016
Madrigal v. Victim Compensation and Government Claims Board
Denial of defendant's compensation claim overturned where Victim Compensation and Government Claims Board's conclusion on binding effect of district court's habeas findings was erroneous.
Criminal Law and Procedure Dec. 21, 2016
United States v. Shields
Failure to instruct jury on duty of disclosure requirement for nondisclosure wire fraud conviction constitutes error, but not reversible plain error as court followed Model Instructions and defense failed to object to omission.
Criminal Law and Procedure Dec. 21, 2016
United States v. Thomas
Despite unreasonable length of mandatory minimum sentence in eyes of court, imposition of sentence per low end of Sentencing Guidelines for remaining crimes not unreasonable.
Criminal Law and Procedure Dec. 20, 2016
U.S. v. Yepiz
Court's rejection, without explanation, of defendant's letter seeking new counsel results in vacated conviction and remand for new trial.
Criminal Law and Procedure Dec. 20, 2016
People v. Brown
Defendant fails to overturn witness intimidation conviction by asserting that he should have been convicted under specific, rather than general, statute.
Criminal Law and Procedure Dec. 20, 2016
People v. Mickel
Passing references to psychiatric report questioning defendant's mental capacity not enough to require court to express concern for defendant's competency on record, as require by Pen. Code. Section 1368.
Criminal Law and Procedure Dec. 19, 2016
People v. Franske
Thief who stole from employee's purse eligible for Prop. 47 resentencing relief even though she did not steal from 'openly displayed merchandise.'
Criminal Law and Procedure Dec. 19, 2016
People v. Elizalde
Trial court's grant of Proposition 47 petition renders moot defendant's appeal of court's finding that she violated postrelease community supervision.
Criminal Law and Procedure Dec. 19, 2016
People v. Gonzales
Petitioner's conviction for identity theft did not foreclose eligibility for Prop. 47 relief where that identity theft conviction was unrelated to forgery counts.
Criminal Law and Procedure Dec. 19, 2016
People v. Pinon
Imposition of one-year parole in resentencing offender under Prop. 47 erroneous where resulting period exceeded remainder of his post-release community supervision.
Criminal Law and Procedure Dec. 18, 2016
Zapien v. Martel
California state prisoner fails to challenge destruction of audio tape recording of defense's strategy on due process grounds.
Criminal Law and Procedure Dec. 18, 2016
People v. Dekraai
Recusal of entire prosecutorial office upheld where office's conflict of interest with sheriff's department prevents it from fairly prosecuting defendant's penalty phase.
Criminal Law and Procedure Dec. 15, 2016
People v. Byers
Error in excluding evidence regarding whether officers complied with knock-and-announce rule is harmless since violation of rule does not warrant suppression of evidence.
Criminal Law and Procedure Dec. 15, 2016
People v. Evans
Offender obtains relief under 'In re Estrada' involving sentencing enhancement based on felony drug conviction that had been reclassified a misdemeanor under Prop. 47.
Criminal Law and Procedure Dec. 15, 2016
People v. Selivanov
Court may not make finding as to whether embezzled funds were 'public' as decision mandating felony classification of conviction is jury's responsibility under 'Apprendi.'
Criminal Law and Procedure Dec. 13, 2016
People v. Martin
'Larceny' as used in shoplifting statute not understood as meaning 'theft' generally, prohibiting Proposition 47 resentencing for burglary commissioned with forged checks.
Criminal Law and Procedure Dec. 13, 2016
U.S. v. Loftis
Evidence of other uncharged wire frauds not made inadmissible by Federal Rule of Evidence 404(b) where uncharged transactions were part of charged crime.
Criminal Law and Procedure Dec. 12, 2016
People v. Garcia
Pimp's constitutional challenge over trial court's decision to release minor from commitment as material witness after permitting her conditional examination fails to overturn convictions.
Criminal Law and Procedure Dec. 12, 2016
Shaw v. U.S.
Bank fraud statute covers schemes to deprive bank of money in customer's deposit account; nevertheless, instructional error warrants vacatur of fraudster's conviction for bank fraud.
Criminal Law and Procedure Dec. 12, 2016
People v. Landry
Enhancement for use of a dangerous or deadly weapon must be stricken from assault by a life prisoner count, but judgment otherwise affirmed.
Criminal Law and Procedure Dec. 12, 2016
U.S. v. Rocha-Alvarado
Modified categorical approach divides overinclusive portion of state sexual assault statute; remainder meets general definition of federal crime of violence, justified enhancement for defendant who touched nine-year-old inappropriately over her clothes.
Criminal Law and Procedure Dec. 12, 2016
People v. Lopez
Intent to sell finding for methamphetamine possession conviction renders transportation conviction valid, despite failure to inform jury of intent to sell requirement for transportation conviction.
Criminal Law and Procedure Dec. 11, 2016
People v. Financial Casualty & Surety Inc.
Although appellate court incorrectly interprets statute, judgment affirmed because it correctly finds trial court did not abuse discretion in denying second motion to extend bail bond exoneration period.
Criminal Law and Procedure Dec. 8, 2016
People v. Melendez
Prospective juror's lack of opinions constituted valid, race-neutral reason for his exclusion and does not support reversal of defendant's murder convictions.
Criminal Law and Procedure Dec. 8, 2016