recent case summaries


U.S. v. Carr
12-50082 : 8/4/2014

District court's error in imposing sentence in excess of statutory minimum based on a fact that was not supported by any jury finding was harmless. Defendants were convicted in federal court of robbing a Vons Federal Credit Union in Santa ...

People v. Hojnowski
A139455 : 8/4/2014

Consecutive terms were required for prison inmate's three battery by gassing offenses even though he was sentenced under the Three Strikes law. Appellant was convicted of three counts of aggravated battery by "gassing" under Penal Code sec...

U.S. v. Edwards
13-50165 : 7/31/2014

911 caller provided officers reasonable suspicion to stop defendant; the stop did not become an arrest when officers drew guns on defendant and handcuffed him. Police received a 911 call from an unidentified man reporting that a "young bla...

People v. Guilford
C073329 : 7/31/2014

In making preliminary finding defendant was ineligible for Strike Reform resentencing, trial court may rely on facts from Court of Appeal opinion. In 1994 Guilford was convicted of spousal battery (Pen. Code, 273.5) and it was proven he ...

People v. London
E057249 : 7/30/2014

Although the jury instructions misstated the defense under the Medical Marijuana Program Act (MMPA) related to medical marijuana collectives, defendant was not entitled to instructions on this defense. Police discovered 100 marijuana plant...

People v. Hernandez
G049024 : 7/29/2014

Appellant's Wende brief may not list "arguable but unmeritorious" issues for Court of Appeal's review. A jury convicted Hernandez of vandalism causing less than $400 damages (Pen. Code, 594, subd. (a) & (b)(2)(A)), which was ele...

People v. Castillo
D063266 : 7/28/2014

Defendant was not prejudiced by defense counsel's incorrect advice regarding his possible maximum sentence because he did not show that he would have tendered a plea offer if properly advised. A jury convicted Castillo of firearm and drug-...

People v. Redd
F065225 : 7/28/2014

There was insufficient evidence to support defendant's conviction for conspiracy to pervert or obstruct justice (Pen. Code, 182, subd. (a)(5)) based on attempting to bring tobacco into state prison. Based on an anonymous tip, prison offi...

In re J.G.
A139869 : 7/25/2014

Denial of motion to suppress evidence reversed because minor was detained before he consented to search of his backpack, rendering his consent involuntary. Police stopped 15-year-old J.G. and his brother D.G., for a "consensual encounter."...

Lowe v. Superior Court (San Joaquin)
C073942 : 7/25/2014

Trial court did not err in finding defendant ineligible for Proposition 36 resentencing by considering facts of the commitment offense, even though some counts had been reversed and not retried. In 1998, Lowe was convicted of assault with ...

McDaniels v. Kirkland
09-17339 : 7/25/2014

For a federal court to conduct a comparative jury analysis to review a state trial court's ruling in a Batson challenge, appellate counsel must insure that the record before the state appellate court includes the entire voir dire transcrip...

People v. Whitmer
S208843 : 7/24/2014

A defendant may be convicted of multiple counts of grand theft based on separate and distinct acts of theft, even if committed pursuant to a single overarching scheme. Appellant was convicted of 20 counts of grand theft based on his involv...