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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
People v. Chen
Reversal required where court's order reducing defendant's felony second degree burglary conviction to misdemeanor second degree burglary is not authorized by Proposition 47. 		Criminal Law and Procedure Mar. 2, 2016
People v. Bias
Defendant ineligible for Prop 47 relief, as resentencing language does not pertain to defendant's particular crime of identity theft. 		Criminal Law and Procedure Mar. 1, 2016
People v. Brown
Conviction for resisting a police officer conditionally reversed where judge failed to sua sponte instruct jury on lesser necessarily included offense of simple assault. 		Criminal Law and Procedure Feb. 29, 2016
People v. Descano
Conviction for cultivating marijuana is not eligible for resentencing under Proposition 47; nor does its exclusion as offense eligible for resentencing violate equal protection. 		Criminal Law and Procedure Feb. 29, 2016
People v. Arredondo
Consent imputed to California drivers cannot itself justify warrantless blood draw from unconscious driver; nevertheless, drunk driving conviction is upheld. 		Criminal Law and Procedure Feb. 29, 2016
U.S. v. Hernandez-Castro
Defendant may not appeal sentence for breach of plea agreement where government fails to object to sentencing departure that differs from stipulation, especially where eventual sentence falls below stipulated range. 		Criminal Law and Procedure Feb. 26, 2016
People v. Garcia
Burglar's mere entries with felonious intent into structure and bathroom within that structure do not permit multiple burglary convictions. 		Criminal Law and Procedure Feb. 26, 2016
People v. Garcia
Defendants unsuccessful in challenging robbery convictions; gang enhancement also upheld where there is sufficient evidence to sustain jury's true finding. 		Criminal Law and Procedure Feb. 24, 2016
People v. Quiroz
A trial court does not have jurisdiction to convene a competency hearing after a state hospital certifies that an involuntarily confined defendant is not likely to regain competence. 		Criminal Law and Procedure Feb. 24, 2016
In re Andres
Order granting habeas corpus petition affirmed where inmate timely filed appeal and was not required to use any specific mail procedure in filing appeal. 		Criminal Law and Procedure Feb. 24, 2016
In re Kirchner
Defendant, sentenced as a juvenile to life without possibility of parole, must pursue remedy providing opportunity for parole hearing before resorting to habeas relief. 		Criminal Law and Procedure Feb. 24, 2016
People v. Masters
Defendant's claims of error rejected; judgment of death for first degree murder of correctional officer affirmed in its entirety. 		Criminal Law and Procedure Feb. 23, 2016
Kao v. California Dept. of Corrections and Rehabilitation
Inmate, seeking to compel processing of his disciplinary appeal, successful in reversing denial of petition for writ of mandate for untimeliness. 		Criminal Law and Procedure Feb. 23, 2016
People v. Perry
In petition for resentencing under Proposition 47, resentencing court properly declined People's request to invalidate plea agreement and reinstate previously dismissed charges against petitioner. 		Criminal Law and Procedure Feb. 22, 2016
In re Kocontes
Petition for writ of habeas corpus denied; collateral estoppel does not bar new complaint filed after dismissal of prior complaint alleging same offense. 		Criminal Law and Procedure Feb. 22, 2016
People v. Hudson
Court permitted to determine whether defendant's convictions for simple drug possession were for personal use in order to assess eligibility for drug treatment probation. 		Criminal Law and Procedure Feb. 22, 2016
People v. Brown
Defendant entitled to resentencing of felony conviction of receiving stolen property under Proposition 47, notwithstanding conviction was obtained pursuant to plea agreement. 		Criminal Law and Procedure Feb. 19, 2016
People v. O’Malley
Defendant's allegations of error rejected; judgment of death for first-degree murders affirmed. 		Criminal Law and Procedure Feb. 19, 2016
Sifuentes v. Brazelton
Convicted murderer not entitled to habeas relief where California appellate court's rejection of 'Batson' claims were not objectively unreasonable under doubly-deferential standard of review. 		Criminal Law and Procedure Feb. 19, 2016
People v. Goolsby
Double jeopardy bars retrial of charge, on which jury was instructed but did not return verdict, believing said charge to be a lesser included offense of convicted crime. 		Criminal Law and Procedure Feb. 19, 2016
Mena v. Long
'Rhines v. Weber' stay and abeyance procedure is not limited to habeas petitions raising exhausted and unexhausted claims; also applies to fully unexhausted petitions. 		Criminal Law and Procedure Feb. 18, 2016
People v. ZarateCastillo
Misclassification of certain child sexual abuse offenses as general intent crimes does not warrant reversal of uncle's convictions for molesting young victim. 		Criminal Law and Procedure Feb. 18, 2016
U.S. v. Eglash
Mail fraud conviction based on notice of disability award affirmed but mail fraud conviction based on summary of defendant's fraudulent statements reversed. 		Criminal Law and Procedure Feb. 18, 2016
People v. Garner
Court allowed, when recalculating defendant's sentence under Proposition 36, to impose sentence for previously stricken prison term enhancements. 		Criminal Law and Procedure Feb. 17, 2016
In re Brooks Loveton
Sixty-day limit for Department of State Hospitals to admit defendants found mentally incompetent to stand trial upheld, although remand required to consider recent statutory changes. 		Criminal Law and Procedure Feb. 16, 2016
People v. Cunningham
Fact that victim was placed in medically-induced coma to allow doctors to perform brain surgery is sufficient to support 'comatose' enhancement. 		Criminal Law and Procedure Feb. 16, 2016
People v. Gonzalez
Defendant correctly resentenced under Proposition 47 on grand theft from a person conviction notwithstanding negotiated plea agreement under which People dismissed other felony counts. 		Criminal Law and Procedure Feb. 16, 2016
People v. Ruff
Proposition 47 does not operate retroactively to reduce defendant's current sentence when, subsequent to sentencing, conviction that gave rise to enhancement is reduced to misdemeanor. 		Criminal Law and Procedure Feb. 12, 2016
People v. Mendoza
Capital defendant fails to overturn convictions by challenging jury's competency finding where evidence showed that, though he was depressed, he was nonetheless 'cognitively intact.' 		Criminal Law and Procedure Feb. 12, 2016
Ayala v. Davis
Denial of writ of habeas corpus affirmed where not unreasonable to conclude that petitioner has not shown prejudice to prevail on Vienna Convention claim. 		Criminal Law and Procedure Feb. 12, 2016
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