Case Summaries

The juvenile court’s exit orders were an abuse of discretion where they sought to punish Father rather than serve the best interests of the minor. The minor was removed from Mother due to alcohol abuse and was released to the…

Trial court erred in summarily denying Penal Code section 1172.6 resentencing petition where the instructions given permitted conviction based on an impermissible theory of imputed malice. Defendant was convicted of first degree murder in 2013 and later filed a section…

When probation has been summarily revoked and then reinstated within the initial probationary term, the trial court has discretion under Penal Code section 1203.2, subdivision (b), to extend probation to account for the time when probation was summarily revoked. Defendant…

Pretrial release and protective order conditions to only have “peaceful contact” with the victim and prohibition from “disturbing the peace” were not unconstitutionally vague given the domestic violence context. Defendant pleaded guilty to willful infliction of corporal injury and the…

Parental fitness is a child-by-child assessment expressed in terms of detriment to the child, which is a prerequisite to terminating parental rights, but need not be made at the section 366.26 hearing. Following removal of the minor and her younger…

The juvenile court abused its discretion when it failed to order a supplemental bonding study after receiving an inadequate evaluation. The minor was removed from her parents due to sexual abuse. Following 18 months of services, the juvenile court set…

A mitigating factor under Penal Code section 1385, as amended by Senate Bill 81, does not create a presumption in favor of dismissal of an enhancement that can only be rebutted by a showing that dismissal would endanger public safety.…

The youthful offender parole scheme under Penal Code section 3051 does not, on its face, violate equal protection. Appellant was 22 years old when he committed various sex crimes for which he was sentenced to serve two LWOP terms and…

Under Penal Code section 1203, subdivision (I)(1), which governs exceptions to Assembly Bill No. 1950’s two-year limitation on felony probation terms, the maximum probation term is determined by the maximum aggregate prison sentence the court could impose. Defendant was convicted,…

Probation condition prohibiting minor from engaging in unconsented sexual touching is not unconstitutionally vague. A juvenile court found that K.C. committed a felony sex offense and sustained a juvenile delinquency petition. As part of the disposition, the court imposed the…

Trial court erred in concluding defendant’s driving under the influence (DUI) charges could be elevated to felonies where defendant had not suffered a qualifying sentence-enhancing prior conviction listed in Vehicle Code section 23550.5, subdivision (b). Under Vehicle Code section 23550.5,…

When the prosecution proves a defendant is guilty of murder beyond a reasonable doubt in Penal Code section 1172.6 proceedings, the trial court does not have the option of reducing a first degree murder conviction to second degree murder. Defendants…

Father’s appeal is moot because his claim that he may be included on the California Child Abuse Central Index (CACI) is too speculative to demonstrate a specific legal consequence that a favorable judgment could redress. The minor had a healing…

Defendant was not entitled to presentence custody credits under Penal Code section 2900.5 for time spent in a residential treatment program where he voluntarily entered the program and his stay there was not attributable to the proceedings relating to his…

Bypass of reunification services pursuant to section 361.5, subdivision (b)(6) was improper where severe physical abuse occurred in a prior dependency case and Father had promptly engaged in predisposition services. The minors were removed from the parents due to domestic…

Trial court did not err in denying Penal Code section 1172.6 petition after finding petitioner was guilty of second degree as an aider and abettor under an implied malice theory of murder liability. In 2014, a jury convicted petitioner of…

Substantial evidence supported the setting of a section 366.26 hearing despite Mother’s progress in reunification services where she had a history of drug use and relapse, a prior dependency case, and the minor had grown attached to her foster family.…

The law of the case doctrine precluded the resentencing court from finding that a prison term of 15 years to life was cruel and/or unusual punishment. Upon his conviction for child molestation, Nash was sentenced to a determinate term after…

Inmate “kites” in an envelope addressed to defendant’s attorney were not covered by the attorney-client privilege because they were not confidential communication to the attorney for the purpose of seeking legal advice. Cortez is an inmate in jail awaiting trial…

Trial court properly dismissed defendant’s second Penal Code section 1172.6 resentencing petition, which was filed while the denial of his first petition was on appeal. Convicted of murder in 2004, Cress filed a petition to vacate his conviction under section…

Writ of mandate vacating superior court’s order to release sexually violent predator (SVP) issued because the statute prohibiting placement of certain SVPs near a school does not require the school to have been operating for any particular time, and includes…

Petitioner’s murder sentence must be vacated under Penal Code section 1172.6 where substantial evidence did not support a finding that she acted with reckless indifference to human life. In 2003, 19-year-old Guiffreda and codefendants Peace and Oie (Guiffreda’s husband) noted…

A defendant is entitled to discover the prosecution’s jury selection notes under Penal Code section 1054.9 where a postconviction prima facie case of racial bias under Batson/Wheeler has been established. Following an automatic appeal from a 1990 first degree murder…

Senate Bill No. 81’s amendments to Penal Code section 1385 do not mandate dismissal of enhancements that could make the sentence over 20 years where trial court finds dismissal would endanger public safety. Defendant was convicted of discharging a firearm…

Newly enacted Penal Code section 1170, subdivision (b)(6) (addressing imposition of the lower term when certain mitigating circumstances are present), does not apply to sentences imposed pursuant to a negotiated plea with a stipulated sentence. Pursuant to a negotiated plea…

Remand for resentencing under Senate Bill No. 567 was required where the Court of Appeal could not conclude beyond reasonable doubt that a jury would have found true all of the aggravating factors relied on in selecting the upper term,…

A Franklin hearing does not reopen a final judgment or sentencing; it is an “evidence preservation process” to gather data for future determination of parole. In 2006, White was convicted of second degree murder and other offenses based on an…

Denial of a Penal Code section 1172.6 petition affirmed where the jury’s true finding on a drive-by shooting special circumstance allegation, together with the court’s instructions, conclusively demonstrated petitioner was ineligible for relief. In 2005, petitioner was convicted of first…

Inadequate initial Indian Child Welfare Act (ICWA) inquiry was prejudicial under the Benjamin M. standard and any speculation about the minor's placement with a relative is not a proper consideration. The minor was removed shortly after birth and placed with…