Case Summaries

Under the Penal Code’s definition of “bribe,” a promise to make a payment to a third party or entity may constitute a bribe. In 2020, a grand jury indicted the Santa Clara County Undersheriff and Captain for soliciting bribes, and…

Superior court did not have authority to accept a negotiated plea deal that would place lifetime parolee on probation for a new criminal offense instead of remanding him to CDCR’s custody. While defendant was released on lifetime parole, he committed…

Warrantless search incident to minor’s arrest was valid because there was probable cause for his arrest for resisting police. The minor was with a group of people who were approached by police and questioned about smoking marijuana in public. He…

Penal Code section 25400 does not violate the Second Amendment regardless of the constitutionality of California’s firearm licensing statutes. Miller was charged under Penal Code section 25400(a)(1) with carrying a concealed firearm in a vehicle under her control. Miller filed…

The Indian Child Welfare Act (ICWA) section 224.2, subdivision (b) initial inquiry requirements do not apply when a minor is brought into custody pursuant to a warrant (section 340). The minor was removed from his parents pursuant to a detention…

Caretaker was entitled to a hearing on removal of minors in her care where the record showed a failure to provide caretaker with proper notice of removal. The minors were removed from their parents and placed with paternal grandparents. At…

Opinion by: Justice Corrigan, joined by Acting Chief Justice Jenkins, Justice Kruger, Justice Groban, and Associate Justice Robie from the Third District (assigned by the Chief Justice). Justice Liu filed a concurring opinion, in which Justice Evans concurred. The proper…

Opinion by: Justice Groban (unanimous decision). Justice Liu filed a concurring opinion, in which Justice Evans concurred. When a defendant presents substantial evidence of imperfect self-defense, the trial court’s failure to instruct on that theory precludes the jury from making…

A superior court’s order reducing a felony “wobbler” to a misdemeanor is unauthorized under Penal Code section 17(b) when made after the preliminary hearing and before trial. The first count in a felony information charged defendant with a wobbler as a…

A remand for further resentencing proceedings pursuant to Penal Code section 1172.6 does not constitute a remand for a “new trial,” thus no peremptory challenge of the prior judge is permitted under Code of Civil Procedure section 170.6. In 2011,…

Opinion by: Chief Justice Guerrero (unanimous decision). Justice Groban also filed a concurring opinion. In probation revocation hearings, due process requires that trial courts determine on a case-by-case basis whether spontaneous hearsay statements are admissible. Gray was charged with inflicting…

When an appellate opinion is admitted at a Penal Code section 1172.6(d)(3) hearing without objection, the facts it recites constitute substantial evidence on which the trial court can rely. Vance’s section 1170.95 (now 1172.6) petition for resentencing in his first…

A trial court has discretion to terminate a Penal Code section 1172.1 recall and resentencing proceeding when a district attorney identifies a legitimate basis for withdrawing its resentencing request before the court rules on the merits. In 1992, a jury…

Welfare and Institutions Code section 781 does not bar supplemental petitions to seal juvenile records. In 2009, when A.B. was 13, he pleaded no contest to two charges, was declared a ward of the juvenile court, and was placed on…

Welfare and Institutions Code section 782 gives the juvenile court discretion to strike individual counts in a 602 petition to change the “most recent” offense into one that is SYTF eligible. The district attorney filed a 602 petition against J.P.…

In petitioner’s Penal Code section 1172.6 proceedings, trial court violated his due process rights by redesignating murder convictions as a robbery without notice and opportunity to be heard. Del Rio, convicted of two first degree murders in 1978, filed a…

The trial court erred in denying a request for Domestic Violence Restraining Order (DVRO) because the Domestic Violence Prevention Act (DVPA) includes behavior which amounts to “coercive control.” Hatley sought a DVRO protecting herself from Southard, her estranged husband. Hatley…

Probation condition prohibiting defendant from possessing pornographic materials is unconstitutionally vague. Defendant pleaded no contest to one count of possession of child pornography. (Pen. Code, § 311.11(a)). On appeal, defendant challenged a probation condition prohibiting him from possessing pornographic materials,…

Denial of motion to suppress evidence reversed where police unlawfully prolonged vehicle stop after determining there was no Vehicle Code violation. Sacramento police stopped Suggs’ car because it displayed only paper plates and the officer did not see any registration…

When considering a parent’s reasonable effort to address a problem from a previous dependency case, the juvenile court should look at the entire time period between when the earliest sibling was removed from the parent’s custody and the current dispositional…

Welf. & Inst. Code section 6500, which guides the involuntary commitment of persons with developmental disabilities found to be a danger to themselves or others, does not violate due process by dispensing with the need for proof of a recent overt act of…

When officers have probable cause to search a particular compartment of a vehicle for evidence of a crime, and no such evidence is found, the search must stop absent facts generating probable cause to search another compartment of the vehicle.…

On remand for resentencing, trial court did not have jurisdiction to readjudicate defendant’s gang enhancement based on Assembly Bill No. 333’s amendments to Penal Code section 186.22. Lopez was convicted of murder and other offenses with gang and other enhancements.…

The hearing required in Penal Code section 1172.6(d)(3) after reversal and remand is not a “new trial” under Code of Civil Procedure section 170.6, and therefore the petitioner is not entitled to a postappeal peremptory challenge of the judge who…

The Indian Child Welfare Act (ICWA) section 224.2, subdivision (b) initial inquiry requirements apply when a minor is brought into custody pursuant to a warrant. The minor was removed from her parents pursuant to a detention warrant. The parents denied…

Opinion by: Justice Jenkins (unanimous decision) A defendant’s life-threatening deadly acts in a gun battle may be the proximate cause of a bystander’s death, even where someone else fired the fatal shot. A jury convicted two brothers (the Mitchells) of…

Investigator who identified defendant as a burglary suspect and knew of his parole status properly placed a warrantless GPS tracking device on his vehicle; the source of his knowledge regarding defendant’s parole status was not legally relevant. Defendant was a…

A defendant convicted of provocative act murder is not eligible for Penal Code section 1172.6 relief as a matter of law. In 1991, defendant and two cohorts planned an armed robbery of a party. Members of the party defended themselves…

People v. Arbuckle (1978) 22 Cal.3d 749, does not require the same judge who approves a plea bargain also determine the amount of victim restitution. Marquez pleaded guilty to several offenses and was sentenced to a prison term. A hearing…

The Sexually Violent Predator Act (SVPA) does not permit the prosecution to retain an expert to testify at a trial on the defendant’s status as a sexually violent predator (SVP). The prosecution filed a petition to commit defendant as an…