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Name Category Published
People v. Emerson
Where defendant had nine occasions of driving under influence of alcohol and drugs, imposition of upper term sentence was proper.
Criminal Law and Procedure Nov. 17, 2006
People v. Ackerman
Court's imposition of upper sentence term for failing to register as sex offender did not violate right to jury trial.
Criminal Law and Procedure Nov. 17, 2006
People v. Prieto
Factors used by judge to impose full middle-term consecutive sentence on sex offender need not be proven to jury.
Criminal Law and Procedure Nov. 17, 2006
People v. Vu
Imposition of upper term sentence must be reevaluated where three of six aggravating circumstances are excluded.
Criminal Law and Procedure Nov. 17, 2006
People v. Joy
Imposition of upper term does not require jury findings of aggravating circumstances.
Criminal Law and Procedure Nov. 17, 2006
People v. White
Changes in statutory definition of forcible oral copulation do not affect defendant's conviction.
Criminal Law and Procedure Nov. 17, 2006
People v. Harless
Admission of victim's prior statements did not violate defendant's confrontation rights.
Criminal Law and Procedure Nov. 17, 2006
People v. Stankewitz
Judicial finding of defendant's prior convictions is proper aggravating factor in imposing upper term.
Criminal Law and Procedure Nov. 17, 2006
People v. Croteau
Order
Criminal Law and Procedure Nov. 17, 2006
People v. Thomas
Purse-snatcher who cut strap and yanked purse away from victim can be convicted of robbery.
Criminal Law and Procedure Nov. 17, 2006
People v. Lemus
Upper term sentence may be imposed only when facts supporting it are found by a jury.
Criminal Law and Procedure Nov. 17, 2006
People v. Barnes
Testimonial evidence regarding profile of drug dealer was properly admitted at defendant's trial.
Criminal Law and Procedure Nov. 17, 2006
People v. Concepcion
Defendant's involuntary absence from courtroom during prosecution's presentation of all evidence offered to support certain criminal counts was structural error.
Criminal Law and Procedure Nov. 17, 2006
People v. Johnson
Defendant's use of force or fear to prevent security guard from recovering stolen merchandise is sufficient to support conviction for robbery.
Criminal Law and Procedure Nov. 17, 2006
McQuarters v. Superior Court (People)
Unexcused late filing of petition to recommit means prisoner can no longer be committed under Mentally Disordered Prisoners Act.
Criminal Law and Procedure Nov. 16, 2006
People v. Wells
Police officer had reasonable suspicion to stop vehicle being driven erratically.
Criminal Law and Procedure Nov. 16, 2006
People v. Dominguez
Incomplete jury instructions require reversal of defendant's conviction for felony murder.
Criminal Law and Procedure Nov. 16, 2006
People v. Marichalar
Limitation on presentence conduct credit applies to consecutive sentence imposed for nonviolent felony.
Criminal Law and Procedure Nov. 16, 2006
People v. Pokovich
Prosecution can impeach defendant's testimony with statements made to court-appointed competency evaluators.
Criminal Law and Procedure Nov. 16, 2006
Ayers v. Belmontes
Jury instructed with California's former catchall factor was not reasonably likely to disregard mitigating evidence presented at penalty phase of capital trial.
Criminal Law and Procedure Nov. 16, 2006
People v. Garcia
Collateral estoppel bars state from prosecuting person for welfare fraud who has been exonerated in administrative proceedings.
Criminal Law and Procedure Nov. 16, 2006
People v. Simmons
Defendant's appearance at trial in shackles constituted prejudicial error.
Criminal Law and Procedure Nov. 16, 2006
People v. Baker
Court properly limited presentence credits for conviction for non-violent felony.
Criminal Law and Procedure Nov. 16, 2006
People v. Vaughn
Trial court's imposition of consecutive sentences does not usurp jury's fact-finding powers or defendant's due process rights.
Criminal Law and Procedure Nov. 16, 2006
People v. Davey
Defendant whose single act of indecent exposure is witnessed by two children simultaneously can only be punished for one count.
Criminal Law and Procedure Nov. 16, 2006
People v. Jaffe
Possession of cocaine is lesser included offense of armed possession of cocaine.
Criminal Law and Procedure Nov. 16, 2006
People v. Fernandez
Defendants are guilty of conspiracy and commercial burglary despite being thwarted in attempt to steal computer monitors.
Criminal Law and Procedure Nov. 16, 2006
People v. Wagener
California's determinate sentencing scheme permits aggravating factors for upper term without being proven to jury.
Criminal Law and Procedure Nov. 16, 2006
People v. Dalby
Trial court is not required to have jury decide which of alternative convictions should stand.
Criminal Law and Procedure Nov. 16, 2006
People v. Picado
Trial judge can impose upper term without jury finding aggravating factors.
Criminal Law and Procedure Nov. 16, 2006