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People v. Clark
Because crime of human trafficking of minor is defined in two separate ways -- attempted act or completed act -- existence of actual minor is not required where defendant is charged with attempt. 		Criminal Law and Procedure 4DCA/3 Dec. 13, 2019
People v. Vivar
Defense counsel's failure to advise a client of a plea bargain's immigration consequences is non-prejudicial if evidence suggests the defendant agreed to the plea for an independent and unrelated reason. 		Criminal Law and Procedure 4DCA/2 Dec. 13, 2019
Blight v. City of Manteca
Probable cause exists to search another person's home located on a larger property if there is reason to believe the defendant controls the entire parcel or criminality pervades the parcel. 		Criminal Law and Procedure 9th Dec. 12, 2019
Modification: People v. Chubbuck
A vehicle is defined by its potential to be driven on the highway; thus, a defendant who drove farm equipment capable of highway travel - even if not intended for it - cannot escape Vehicle Code Section 10851. 		Criminal Law and Procedure 4DCA/2 Dec. 12, 2019
People v. Howell
Senate Bill 1187 does not apply retroactively; defendants already committed to restore their competency to stand trial remain subject to a three-year maximum commitment, not the new two-year maximum commitment. 		Criminal Law and Procedure 5DCA Dec. 11, 2019
U.S. v. Kimbrew
Sufficient evidence supported defendant's conviction for bribery of a public official and defendant's argument that no 'official act' existed failed. 		Criminal Law and Procedure 9th Dec. 10, 2019
People v. Ollo
Penal Code Section 12022.7 only requires a defendant be an actual cause of inflicting great bodily injury; one who supplies drugs to another can be liable for a subsequent overdose. 		Criminal Law and Procedure 2DCA/2 Dec. 9, 2019
People v. Gonzalez
Trial court erred in admitting uncertified and unauthenticated records that prosecutor represented were printed from court's online records system as proof that appellant suffered a prior conviction. 		Criminal Law and Procedure 1DCA/5 Dec. 9, 2019
People v. Bernal
Although trial court committed no error, appellate court remanded for trial court to exercise newly conferred discretion under Senate Bill 1393 to strike Penal Code Section 667(a) prior conviction enhancements. 		Criminal Law and Procedure 6DCA Dec. 9, 2019
People v. Guzman
Penal Code Section 632(d)'s exclusionary remedy was superseded by Proposition 8 and since reenactments of Section 632(d) were merely technical, they were insufficient to revive the exclusionary remedy. 		Criminal Law and Procedure CASC Dec. 6, 2019
In re Milton
'People v. Gallardo's extension of 'Apperendi v. New Jersey' to prior strike determinations under California's three strikes law does not apply retroactively to convictions finalized on direct appeal. 		Criminal Law and Procedure 2DCA/7 Dec. 5, 2019
People v. Medrano
Defendants were prejudiced by trial court's instruction on the now-invalid natural and probable consequences theory as it related to attempted murder, so defendants' convictions for attempted murder must be reversed. 		Criminal Law and Procedure 5DCA Dec. 5, 2019
People v. Leelu
Appointment of a second mental health expert would not have affected the trial court's finding that defendant was not competent to stand trial. 		Criminal Law and Procedure 6DCA Dec. 5, 2019
People v. Larios
The relief provided in Penal Code Section 1170.95 is limited to certain murder convictions and excludes all other convictions, including a conviction for attempted murder. 		Criminal Law and Procedure 5DCA Dec. 5, 2019
Short v. Superior Court (Santa Clara)
Applying bar on successive prosecutions under Penal Code Section 654(a) would not promote judicial efficiency nor was it necessary to protect defendant from harassment. 		Criminal Law and Procedure 6DCA Dec. 4, 2019
People v. Bryant
Defendant's electronic search condition was invalid under 'People v. Lent' because nothing in record suggested defendant ever used electronic device or social media in connection with criminal conduct. 		Criminal Law and Procedure 2DCA/1 Dec. 3, 2019
People v. Beck and Cruz
Evidence was collectively sufficient to corroborate accomplice's testimony and to demonstrate that defendants were part of a conspiracy to kill the victims. 		Criminal Law and Procedure CASC Dec. 3, 2019
U.S. v. Burke
Armed robbery involving controlled substances described in 18 U.S.C. Section 2118(c)(1) is a crime of violence under 18 U.S.C. Section 924(c)(3)(A). 		Criminal Law and Procedure 9th Dec. 3, 2019
Jones v. Shinn
Trial counsel's failure to properly investigate alternative theories of death in a murder case is reversible error; counsel must sufficiently investigate the underlying facts necessary to be fully informed. 		Criminal Law and Procedure 9th Dec. 2, 2019
People v. Jennings
Burglary and shoplifting are two distinct offenses; Proposition 47 requires the People to prove intent to take an item worth more than $950 to garner a commercial burglary conviction. 		Criminal Law and Procedure 4DCA/1 Nov. 29, 2019
People v. Belloso
Requiring indigent defendants to pay court fees and fines violates due process; the sentencing court must hold an ability-to-pay hearing to determine whether the payment is feasible. 		Criminal Law and Procedure 2DCA/7 Nov. 29, 2019
People v. Gaynor
Because defendant's crimes of using personal identification information of another and possessing check with intent to defraud were temporally distinct, trial court was not required to stay execution of sentence. 		Criminal Law and Procedure 4DCA/1 Nov. 29, 2019
In re Parrish
A felony murder defendant's knowledge that his co-defendants were gang members and carrying guns renders him a LWOP or death-penalty eligible major participant in the underlying offense. 		Criminal Law and Procedure 2DCA/8 Nov. 29, 2019
People v. Drayton
Substantial evidence supported verdict convicting defendant of assault by means of force likely to cause great bodily injury after defendant bear-hugged his ex-girlfriend and held her over train tracks as train approached. 		Criminal Law and Procedure 1DCA/5 Nov. 27, 2019
U.S. v. Gobert
Assault with a dangerous weapon described in 18 U.S.C. Section 113(a)(3) is a crime of violence under 18 U.S.C. Section 924(c)(3)(A). 		Criminal Law and Procedure 9th Nov. 27, 2019
People v. Rhoades
Although defendant's constitutional right to confront his witness was violated, the violation did not affect the jury's verdict because other evidence more strongly tied the murder to defendant's truck. 		Criminal Law and Procedure CASC Nov. 26, 2019
People v. Wilson
Senate Bill 1393 does not allow the trial court discretion to strike a prior serious felony enhancement from a negotiated plea agreement. 		Criminal Law and Procedure 2DCA/3 Nov. 25, 2019
People v. Krebs
A defendant must specifically articulate that evidence is being admitted to show an inconsistent prosecutorial theory; if not, appellant must wait until habeas to bring a due process challenge. 		Criminal Law and Procedure CASC Nov. 22, 2019
People v. Liu
Under 'People v. Romanowki' inquiry, Court of Appeal conflated value of access card information itself with value of property obtained through use of stolen access card information. 		Criminal Law and Procedure CASC Nov. 22, 2019
People v. Lamoureux
Penal Code Section 1170.95, as amended by Senate Bill 1437, did not unconstitutionally amend Proposition 7 or Proposition 115, nor did Section 1170.95 violate separation of powers principles. 		Criminal Law and Procedure 4DCA/1 Nov. 21, 2019
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