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In re Ramirez
Petitioner's felony-murder special circumstance must be vacated because he was not a major participant in the murder committed while he was an accomplice in the attempted commission of robbery. 		Criminal Law and Procedure 5DCA Feb. 22, 2019
People v. Jimenez
Evidence subject to a 'Brady v. Maryland' violation claim, even if suppressed, must be material and prejudicial to provide grounds for a new trial. 		Criminal Law and Procedure 4DCA/1 Feb. 22, 2019
People v. Rocha
Permitting trial courts to decide how to exercise new discretion to strike firearm enhancements, without affording defendant and defense counsel the opportunity to argue, is manifestly unfair and contrary to Sixth Amendment. 		Criminal Law and Procedure 2DCA/4 Feb. 21, 2019
People v. Escarcega
Attempting to overtake a vehicle is only legal if safe, and passing without knowledge of safety could reasonably be found by a jury to constitute wanton disregard for safety. 		Criminal Law and Procedure 2DCA/3 Feb. 21, 2019
People v. Bueno
Defendant did not waive her rights to have her sentence imposed by the judge that accepted her plea under 'People v. Arbuckle;' therefore the judgment was reversed and remanded for resentencing. 		Criminal Law and Procedure 5DCA Feb. 20, 2019
In re L.R.
Oral or written voluntary waiver of 'Miranda' rights requires free and deliberate choice made with full awareness of the nature of the rights being abandoned and consequences of the decision. 		Criminal Law and Procedure 1DCA/5 Feb. 20, 2019
People v. Jones
Because defendant premeditated victim's attempted murder, and was recently released from prison for stabbing his ex-wife, evidence showed trial court would not have dismissed defendant's prior serious felony under SB 1393. 		Criminal Law and Procedure 3DCA Feb. 19, 2019
Modification: People v. Martinez
Defendants convicted of felony murder or murder under a natural and probable consequences theory must file a Penal Code Section 1170.95 petition to gain retroactive relief under Senate Bill 1437. 		Criminal Law and Procedure 2DCA/5 Feb. 15, 2019
Szonyi v. Whitaker
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 Feb. 14, 2019
People v. Becerra
Because defendant waived his right to appeal as part of a plea agreement, and the waiver's terms encompassed the judgment and sentencing, his appellate claim concerning custody credits was barred. 		Criminal Law and Procedure 6DCA Feb. 13, 2019
U.S. v. Soto
18 U.S.C. Section 924(d)(1) provides that firearm or ammunition 'involved in' violation of any other criminal law shall be subject to forfeiture; thus, forfeiture was available. 		Criminal Law and Procedure 9th Feb. 11, 2019
People v. Fuimaono
Under Senate Bill No. 620, a court lacking jurisdiction cannot grant a defendant's resentencing request after a defendant's sentence for a Section 12022.5 enhancement has become final. 		Criminal Law and Procedure 3DCA Feb. 11, 2019
Modification: People v. The North River Insurance Co.
Penal Code Section 1306(b) entitles Counties, as agents of the State of California, to seek compensation for the costs of returning a defendant like Amanda Sanchez to custody. 		Criminal Law and Procedure 5DCA Feb. 8, 2019
U.S. v. Hill
Defendant moving to vacate his sentence in light of Johnson v. U.S. must show alleged misinformation about his ACCA eligibility was demonstrably made the basis for the sentence. 		Criminal Law and Procedure 9th Feb. 8, 2019
People v. Johnson
Senate Bill 1393 amended Penal Code Sections 667(a) and 1385 to give trial courts discretion, at sentencing, to strike five-year prior serious felony enhancements; thus, matter remanded for resentencing. 		Criminal Law and Procedure 4DCA/1 Feb. 7, 2019
People v. Landen
School district was a direct victim of defendant's deadly threats and use of poison at elementary school because it incurred substantial costs in protecting student and teachers; thus restitution order affirmed. 		Criminal Law and Procedure 2DCA/6 Feb. 6, 2019
Modification: People v. Marquez
Collection of defendant's DNA sample was unlawful under the Fourth Amendment because DNA not collected as part of routine booking procedure; however, later DNA evidence properly admitted under attenuation doctrine. 		Criminal Law and Procedure 4DCA/3 Feb. 6, 2019
People v. Ellis
Penal Code Section 2085.5(a) does not restrict the California Department of Corrections and Rehabilitation from collecting fines from previous convictions of a prisoner, if he is still an inmate in a California prison. 		Criminal Law and Procedure 4DCA/1 Feb. 5, 2019
People v. Armstrong
Prosecution's excusal for cause of jurors who repeatedly affirmed their ability to vote for death sentence violates 'Wainwright v. Witt' standard; requires death sentence be overturned. 		Criminal Law and Procedure CASC Feb. 5, 2019
People v. Westerfield
Absent evidence that a jury was materially affected by the publicity and interest that a case generates, a court does not abuse its discretion by denying a motion for jury sequestration. 		Criminal Law and Procedure CASC Feb. 5, 2019
U.S. v. Vederoff
Under U.S.S.G. Section 4B1.2, when a state criminal statute is broader than the general federal offense and the statute is indivisible, it is not deemed a 'crime of violence' under the U.S.S.G. section. 		Criminal Law and Procedure 9th Feb. 4, 2019
People v. Atkins
The prosecution must prove, as an element of the first method of violating Penal Code Section 69, that the defendant knows that the person he or she is attempting to deter is an executive officer. 		Criminal Law and Procedure 6DCA Feb. 1, 2019
In re Gadlin
Under Proposition 57, early parole eligibility is assessed based on the conviction for which an inmate is now serving a state prison sentence, rather than prior criminal history; thus, habeas corpus petition granted. 		Criminal Law and Procedure 2DCA/5 Jan. 30, 2019
People v. Aguayo
Assault can be committed with an inherently deadly weapon without using force likely to produce great bodily injury; thus force-likely assault is not a lesser included offense of assault with a deadly weapon. 		Criminal Law and Procedure 4DCA/1 Jan. 29, 2019
People v. Servin
The standard of review for California Penal Code Section 1170(e)'s compassionate release is whether 'some evidence' supports the Secretary of the California Department of Corrections and Rehabilitation recommendation. 		Criminal Law and Procedure 4DCA/3 Jan. 28, 2019
People v. Martinez
Defendants convicted of felony murder or murder under a natural and probable consequences theory must file a Penal Code Section 1170.95 petition to gain retroactive relief under Senate Bill 1437. 		Criminal Law and Procedure 2DCA/5 Jan. 28, 2019
People v. Wright
To insulate a plea agreement from future changes in the law the parties should specify that the consequences of the plea will remain fixed despite amendments to the relevant law. 		Criminal Law and Procedure 4DCA/1 Jan. 28, 2019
People v. Colbert
Crime was punishable as burglary and not shoplifting when defendant entered a commercial establishment open during business hours, but then entered interior room that was off-limits to public with intent to steal. 		Criminal Law and Procedure 6DCA Jan. 25, 2019
People v. Taggart
The constructive custody inherent in the alternative custody program referred to as 'sheriff's parole,' involves relatively minimal physical constraint and is therefore insufficient to constitute lawful/actual custody under Section 4532(b)(1). 		Criminal Law and Procedure 5DCA Jan. 24, 2019
People v. Stinson
A trial court is allow to give to a jury a modified CALCRIM jury instruction, provided it is both a correct statement of law and supported by substantial fact. 		Criminal Law and Procedure 3DCA Jan. 18, 2019
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