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Amended Opinion: People v. Martell
Proposition 47 applies to Vehicle Code Section 10851; thus, the vehicle must be worth more than $950 to sustain a felony conviction on a taking theory. 		Criminal Law and Procedure 4DCA/2 Nov. 21, 2019
People v. Lopez
Court applied Senate Bill 136 to strike one-year enhancements under Penal Code Section 667.5(b) and agreed that defendant's three-year enhancement under Health and Safety Code Section 11370.2 must be stricken. 		Criminal Law and Procedure 5DCA Nov. 21, 2019
People v. Cutting
A criminal defendant's right to be personally present at trial extends to all critical stages of the criminal prosecution, including the resentencing hearing. 		Criminal Law and Procedure 2DCA/2 Nov. 21, 2019
People v. Singh
Trial court properly instructed jury with CALCRIM No. 1201, substantial evidence supported defendant lacking a lawful purpose for his actions, and defendant moved the child a substantial distance under the circumstances. 		Criminal Law and Procedure 1DCA/3 Nov. 20, 2019
Bracamontes v. Superior Court
Under Penal Code Section 1054.9, a defendant sentenced to death who is prosecuting a post-conviction habeas corpus petition may not seek discovery of relevant evidence in the possession of individuals. 		Criminal Law and Procedure 4DCA/1 Nov. 19, 2019
People v. Gangl
Proposition 36 grants the trial court discretion to allow multiple serious and violent felony sentences to be served concurrently if the felonies arise from the same set of operative facts. 		Criminal Law and Procedure 3DCA Nov. 18, 2019
U.S. v. Ped
Police may conduct a warrantless search of a home when they had probable cause that a parolee lived at the residence and his parole officer did not notify them otherwise. 		Criminal Law and Procedure 9th Nov. 18, 2019
People v. Tran
Exigent circumstances supported seizure of defendant's vehicle dash camera when facts suggested it contained evidence of reckless driving and defendant's conduct indicated he would attempt to destroy its contents. 		Criminal Law and Procedure 4DCA/1 Nov. 15, 2019
Gardner v. Superior Court
The Superior Court is not authorized to appoint the county Public Defender to represent misdemeanor appellees; trial level representation does not continue on appeal except at the Public Defender's discretion. 		Criminal Law and Procedure 4DCA/2 Nov. 14, 2019
Evans v. Shiomoto
A traffic stop on an unpaved dirt road is lawful if the officer conducting the stop has reasonable suspicion the driver is in violation of a Vehicle Code provision. 		Criminal Law and Procedure 4DCA/1 Nov. 14, 2019
Amended Opinion: Szonyi v. Barr
The Board of Immigration Appeals is not foreclosed from interpreting the text of 8 U.S.C. Section 1227(a)(2)(A)(ii) so long as the interpretation is 'reasonable.' 		Criminal Law and Procedure 9th Nov. 14, 2019
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 Nov. 13, 2019
Aslam v. Superior Court
Prosecution of knowingly making false statement in document filed with DMV after defendant was acquitted of perjury does not offend principles of double jeopardy because they are separate offenses. 		Criminal Law and Procedure 1DCA/4 Nov. 12, 2019
People v. Schmidt
Recording a deed acquired through fraud does not render the deed 'false' or 'forged' within the meaning of Penal Code Section 115. 		Criminal Law and Procedure 3DCA Nov. 12, 2019
In re Cobbs
First degree murder conviction under natural and probable consequences theory is invalid; remedy is to reverse conviction, and allow prosecution to retry first degree count, or reduce conviction to second degree murder. 		Criminal Law and Procedure 3DCA Nov. 12, 2019
People v. Ramirez
Under Penal Code Section 1170.95 if there is a prior finding that the petitioner was not a major participant in the felony, the court is required to vacate the conviction. 		Criminal Law and Procedure 2DCA/2 Nov. 8, 2019
People v. Stringer
Jury instruction for aggravated kidnapping to commit extortion or exact money or property from another person contained prejudicial legal error permitting jury to find defendant guilty of charged offenses on legally invalid basis. 		Criminal Law and Procedure 4DCA/1 Nov. 8, 2019
People v. Superior Court (Couthren)
No implied exception to the hearsay rule exists with respect to expert evaluation reports at sexually violent predator probable cause hearings in light of 'People v. Sanchez.' 		Criminal Law and Procedure 1DCA/1 Nov. 8, 2019
People v. Aguilar
Under California Penal Code Section 289, 'force' includes circumstances where the victim did not want to engage in the act and did not positively cooperate with it. 		Criminal Law and Procedure 2DCA/8 Nov. 8, 2019
People v. Patton
Given the nature of defendant's offense, there was a relationship between theft of electronic devices and the imposition of an electronic device search condition. 		Criminal Law and Procedure 4DCA/1 Nov. 7, 2019
People v. Hampton
Trial court's dismissal of criminal complaint is a final judgment divesting it of further jurisdiction; thus, it may not later vacate its dismissal in order to reactivate complaint. 		Criminal Law and Procedure 3DCA Nov. 5, 2019
U.S. v. Norris
No Fourth Amendment search occurred when FBI used wireless-tracking software to detect signal strength of address of defendant's device because wireless signal reached outside defendant's residence to connect to neighbor's wireless router. 		Criminal Law and Procedure 9th Nov. 5, 2019
U.S. v. Dailey
Defendant's Travel Act conviction was a sex offense requiring registration under the Sex Offender Registration and Notification Act (SORNA) in light of SORNA's residual clause and admissions in defendant's plea agreement. 		Criminal Law and Procedure 9th Nov. 5, 2019
People v. Martell
Proposition 47 applies to Vehicle Code Section 10851; thus, the vehicle must be worth more than $950 to sustain a felony conviction on a taking theory. 		Criminal Law and Procedure 4DCA/2 Nov. 4, 2019
U.S. v. Garcia-Morales
Defendant was not silent in response to agent's questioning on topic of co-conspirators because the exchange merely demonstrated that defendant did not want to discuss his co-conspirators on video tape. 		Criminal Law and Procedure 9th Nov. 1, 2019
People v. Khan
Penal Code Section 1001.36, which provides a scheme for pretrial diversion for mental health treatment of defendants, did not apply retroactively to defendant who is currently serving his sentence. 		Criminal Law and Procedure 6DCA Oct. 30, 2019
People v. The North River Insurance Co.
A fugitive defendant's undocumented immigration status and pending United States visa application approval do not establish a temporary disability under California Penal Code Section 1305(e). 		Criminal Law and Procedure 6DCA Oct. 30, 2019
People v. Lucero
A declaration may constitute a 'paper' or any 'other matter or thing' for Penal Code Section 134 purposes, and Section 134 was not precluded by Section 118, the perjury statute. 		Criminal Law and Procedure 3DCA Oct. 29, 2019
Modification: People v. Capers
Witness' refusal to testify did not violate defendant's due process right to present defense under Sixth Amendment because there was no prosecutorial misconduct. 		Criminal Law and Procedure CASC Oct. 25, 2019
People v. Allen
Denying mandatory expungement on the basis of an indigent defendant's outstanding victim restitution obligation does not violate due process or equal protection. 		Criminal Law and Procedure 4DCA/1 Oct. 24, 2019
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