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Detention Based on Avoiding Contact With Police in High Crime Neighborhood

Briefing in People v. Flores (2021) 60 Cal.App.5th 978, review granted 4/21/2021, was initially deferred pending decision in People v. Tacardon (2022) 14 Cal.5th 235. On 7/26/2023, the court ordered briefing on the following issue: Was defendant’s detention supported by reasonable suspicion that he was engaged in criminal activity? Held: Police officers detained defendant, Marlon Flores, on a dark evening…

Case: People v. Flores (2024) __ Cal.5th __
Case Number: S267522/B305359
Updated: May 2, 2024
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Striking PC § 12022.53 Firearm Enhancement and Imposing Lesser Uncharged Enhancement Pursuant to a Different Statute (PC § 12022.5)

Does the trial court have discretion to strike a firearm enhancement imposed pursuant to Penal Code section 12022.53 and instead impose a lesser uncharged firearm enhancement pursuant to a different statute (Pen. Code, § 12022.5)? Held: Penal Code section 12022.53 establishes a tiered system of sentencing enhancements for specified felonies involving the use of firearms. (All statutory references are to…

Case: People v. McDavid (2024) 15 Cal.5th 1015
Case Number: S275940/D078919
Updated: April 29, 2024
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Crimes PC 136.1 and Dissuading a Victim or Witness After a Charging Document Has Been Filed

Does Penal Code section 136.1, subdivision (b)(2), which prohibits dissuading or attempting to dissuade a victim or witness from causing a charging document "to be sought and prosecuted, and assisting in the prosecution thereof," encompass attempts to dissuade a victim or witness after a charging document has been filed? Held: Penal Code section 136.1, subdivision (b)(2) makes it a crime…

Case: People v. Reynoza (2024) 15 Cal.5th 982
Case Number: S273797
Updated: April 22, 2024
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Equal Protection Clause Challenge to Penal Code Section 3051

Does Penal Code section 3051, subdivision (h), violate the Equal Protection Clause of the Fourteenth Amendment by excluding young adults sentenced to life without the possibility of parole from youth offender parole consideration, while young adults sentenced to parole-eligible terms are entitled to such consideration? On 10/4/2023, the California Supreme Court ordered supplemental briefing on the following issue: Whether the…

Case: People v. Hardin (2024) 15 Cal.5th 834
Case Number: S277487
Updated: March 4, 2024
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One Strike Law Pleading and Sentencing

(1) Did the Court of Appeal err by disagreeing with People v. Jimenez (2019) 35 Cal.App.5th 373 and endorsing as mandatory the sentencing practice prohibited in that case; (2) Is the Court of Appeal's decision incorrect under People v. Mancebo (2002) 27 Cal.4th 735; (3) Did the Court of Appeal err by failing to address petitioner's claims as to the issues of waiver…

Case: In re Vaquera (2024) 15 Cal.5th 706
Case Number: S258376
Updated: February 5, 2024
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Constitutional Challenge to AB 333’s Application to the Gang-Murder Special Circumstance

Does Assembly Bill No. 333 (Stats. 2021, ch. 699) unconstitutionally amend Proposition 21, if applied to the gang-murder special circumstance (Pen. Code, § 190.2, subd. (a)(22))? Assembly Bill No. 333, which narrowed the definition of “criminal street gang,” did not unconstitutionally amend Proposition 21, and the new definition of “criminal street gang” properly applies to the gang-murder special circumstance added…

Case: People v. Rojas (2023) 15 Cal.5th 561
Case Number: S275835
Updated: December 18, 2023
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When Does Incompetency Commitment End

Does an incompetency commitment end when a state hospital files a certificate of restoration to competency or when the trial court finds that defendant has been restored to competency? For purposes of calculating the maximum commitment period for a defendant found incompetent to stand trial, the commitment continues past the filing of certificate of restoration and includes the time between…

Case: Rodriguez v. Superior Court (2023) 15 Cal.5th 472
Case Number: S272129
Updated: December 14, 2023
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Definition of “Substance Abuse” and is a Finding of Parental Substance Abuse Alone Sufficient to Warrant Juvenile Court Jurisdiction

(1) What is the definition of "substance abuse" for purposes of declaring a child a dependent under Welfare and Institutions Code section 300, subdivision (b)(1)? (2) Where a child is under the age of six, does a finding of parental substance abuse alone provide sufficient evidence to warrant juvenile court jurisdiction? Substance abuse, which is defined as the excessive use…

Case: In re N.R. (2023) 15 Cal.5th 520
Case Number: S274943
Updated: December 14, 2023
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SB 1437–Gang-Murder Special Circumstance Preclude Eligibility for Resentencing at Prima Facie Stage?

Does a jury's true finding on a gang-murder special circumstance (Pen. Code, § 190.2, subd. (a)(22)) preclude a defendant from making a prima facie showing of eligibility for resentencing under Penal Code section 1170.95? In Penal Code section 1172.6 proceedings, a prior jury finding of intent to kill does not conclusively establish that the petitioner is ineligible for relief at…

Case: People v. Curiel (Nov. 4, 2021) [nonpub. opn.], review granted 1/26/2022
Case Number: S272238/G058604
Updated: November 27, 2023
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Did Court of Appeal Err by Finding Trial Court Would Not Have Imposed a Low Term Sentence Under Newly-Added Penal Code section 1170(b)(6)

Did the Court of Appeal err by finding the record clearly indicates the trial court would not have imposed a low term sentence if it had been fully aware of its discretion under newly-added subdivision (b)(6) of Penal Code section 1170? (See People v. Gutierrez (2014) 58 Cal.4th 1354, 1391.) Remand was required where the sentencing court did not clearly indicate…

Case: People v. Salazar (2022) 80 Cal.App.5th 453, review granted 10/12/2022
Case Number: S275788/B309803
Updated: November 20, 2023
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Delay of SVP Trial Due Process Violation?

Does a 15-year delay in bringing a defendant to trial under the Sexually Violent Predator Act (Welf. & Inst. Code, § 6600 et. seq) constitute a due process violation? Persons facing commitment under the Sexually Violent Predator (SVP) Act have a due process right to a timely trial, but even a 15-year delay does not necessarily violate that right where…

Case: Camacho v. Superior Court (2023) __ Cal.5th __
Case Number: S273391/F082798
Updated: August 31, 2023
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Did Trial Court Err by Providing Kill Zone Instruction / Did COA Apply Proper Standard of Review Under People v. Canizales

(1) Did the trial court err by providing a kill zone instruction? (2) Did the Court of Appeal apply the proper standard of review under People v. Canizales (2019) 7 Cal.5th 591 in holding the trial court did not err in providing the kill zone instruction? The proper standard of review when a defendant challenges a trial court’s decision to instruct…

Case: People v. Mumin (2023) 15 Cal.5th 176
Case Number: S271049/D076916
Updated: August 17, 2023
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Jury Instruction on Voluntary Manslaughter Based on Imperfect Self-Defense and Prejudice Standard

(1) Was the trial court's error in refusing to instruct the jury on voluntary manslaughter based on imperfect self-defense harmless? (2) What standard of prejudice applies to such an error? 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 factual finding essential to prove the…

Case: People v. Schuller (2023) 15 Cal.5th 237
Case Number: S272237
Updated: August 17, 2023
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Required Findings and Balancing Test for Admitting Hearsay at Probation/Parole Revocation Hearings

Did the trial court violate the due process right to confrontation applicable at probation and parole revocation hearings by admitting hearsay statements in a bodycam video under the excited utterance exception (Evid. Code, § 1240) without first making a finding of good cause and determining whether a balancing of the relevant factors under People v. Arreola (1994) 7 Cal.4th 1144 favored…

Case: People v. Gray (2023) 15 Cal.5th 152
Case Number: S269237
Updated: August 14, 2023
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First Degree Murder–Substantial Concurrent Causation Theory (Sanchez) and Impact of Chiu and SB 1437

(1) Does the "substantial concurrent causation" theory of liability of People v. Sanchez (2001) 26 Cal.4th 834 permit a conviction for first degree murder if the defendants did not fire the shot that killed the victim? (2) What impact, if any, do People v. Chiu (2014) 59 Cal.4th 155 and Senate Bill No. 1437 (Stats. 2018, ch. 1015, § 1, subd. (f)) have on…

Case: People v. Carney (2023) __ Cal.5th __
Case Number: S260063
Updated: July 20, 2023
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SB 1437 Resentencing–Does Substantial Evidence Support Findings that Petitioner Acted with Implied Malice, or that Actions Constituted Murder or Aided and Abetted Murder

Does substantial evidence support the superior court's finding that petitioner is ineligible for relief under Penal Code section 1170.95? On 10/29/2021, the court limited the issues to be briefed and argued to the following: (1) Does substantial evidence support the conclusion that petitioner acted with implied malice? (2) Does substantial evidence support the conclusion that petitioner's actions constituted murder or…

Case: People v. Reyes (2023) 14 Cal.5th 981
Case Number: S270723
Updated: June 29, 2023
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Retroactivity of AB 1950 and Remand Procedure

Review was originally granted with briefing deferred pending decision in People v. Hernandez (2020) 55 Cal.App.5th 942, review granted 1/27/2021 and case transferred to Court of Appeal on 12/22/2021 (S265739/F080131), which presented the following issues: (1) If a defendant's prior prison term enhancements are stricken under Senate Bill No. 136, does the remainder of the sentence agreed to under a…

Case: People v. Prudholme (2023) 14 Cal.5th 961
Case Number: S271057
Updated: June 26, 2023
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Kidnapping to Commit Rape Based on the Use of Deception to Take Intoxicated Adult Victim

Can a defendant be convicted of kidnapping to commit rape (Pen. Code, § 209, subd. (b)(1)) based on the use of deception, as an alternative to force or fear, to take and carry away an intoxicated adult victim? Held: A jury convicted Lewis of raping S.D. while she was intoxicated (Pen. Code, § 261, subd. (a)(3)) and kidnapping S.D. to…

Case: People v. Lewis (2023) __ Cal.5th __
Case Number: S272627
Updated: June 22, 2023
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Mental Health Diversion–Latest Point to Request

What is the latest point at which a defendant may request mental health diversion under Penal Code section 1001.36? A request for pretrial diversion (Pen. Code, § 1001.36) must be made before attachment of jeopardy at trial or the entry of a guilty or no contest plea, whichever occurs first. In 2018, defendant was charged with resisting an executive officer with…

Case: People v. Braden (2023) 14 Cal.5th 791
Case Number: S268925
Updated: June 5, 2023
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Must Gang Enhancements Be Vacated Based on Changes Made By AB 333

Must any of defendant's sentencing enhancements be vacated due to recent statutory changes requiring that the offenses necessary to establish a " 'pattern of criminal gang activity' . . . commonly benefited a criminal street gang, and the common benefit from the offense is more than reputational" (Pen. Code, § 186.22, subd. (e)(1), as amended by Stats. 2021, ch. 699,…

Case: People v. Cooper (2023) 14 Cal.5th 735
Case Number: S273134
Updated: May 25, 2023
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Constitutionality of Fact-Finding Required by PC 667.6, subd. (d)

Does Penal Code section 667.6, subdivision (d), which requires that a "full, separate, and consecutive term" must be imposed for certain offenses if the sentencing court finds that the crimes "involve[d] the same victim on separate occasions," comply with the Sixth Amendment to the U.S. Constitution? Held: Penal Code section 667.6, subdivision (d) requires a sentencing court to impose “full,…

Case: People v. Catarino (2023) 14 Cal.5th 748
Case Number: S271828
Updated: May 25, 2023
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Whether the Trial Court’s Failure to Appoint Substitute Counsel Deprived Defendant of the Effective Assistance of Counsel

Did the trial court deprive defendant of effective assistance of counsel by failing to appoint substitute counsel to evaluate and potentially argue defendant’s pro. per. motion to dismiss after appointed counsel refused to consider the motion based on an asserted conflict in arguing her own ineffective assistance of counsel? Held: In 2007, defendant Ishmael Michael Carter was committed to Coalinga…

Case: People v. Carter (2024) __ Cal.5th __
Case Number: S278262/C094949
Updated: May 20, 2023
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Adequate Exercise of Discretion Under In re Manzy W.?

Did the Court of Appeal err in ruling that the trial court adequately exercised its discretion to determine whether the juvenile's offenses were felonies or misdemeanors as required by Welfare and Institutions Code section 702 and In re Manzy W. (1997) 14 Cal.4th 1199? Held:  Welfare and Institutions Code section 702 provides that when a minor is found to have committed a…

Case: In re F.M. (2023) 14 Cal.5th 701
Case Number: S270907
Updated: May 4, 2023
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Did True Finding on PC 12022.53, subd. (d) Enhancement Render People v. Chun (2009) 45 Cal.4th 1172 Error Harmless Beyond a Reasonable Doubt

The court issued an order to show cause why relief should not be granted on the ground that the jury's true finding on the Penal Code section 12022.53, subdivision (d) enhancement did not render the People v. Chun (2009) 45 Cal.4th 1172 error harmless beyond a reasonable doubt. The jury’s true finding on a firearm enhancement (Pen. Code, § 12022.53, subd. (d))…

Case: In re Ferrell (2023) 14 Cal.5th 593
Case Number: S265798
Updated: April 6, 2023
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True Finding on Gang-Killing Special Circumstance and Chiu Error / Harmless Error Review

(1) Does a true finding on a gang-killing special circumstance (Pen. Code, §190.2, subd. (a)(22)) render Chiu error (People v. Chiu (2014) 59 Cal.4th 155) harmless? (2) To what extent or in what manner, if any, may a reviewing court consider the evidence in favor of a legally valid theory in assessing whether it is clear beyond a reasonable doubt that the jury…

Case: In re Lopez (2023) 14 Cal.5th 562
Case Number: S258912
Updated: April 3, 2023
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When Does AG Have Duty to Disclose Brady Material During Habeas Proceedings

When a habeas petitioner claims not to have received a fair trial because the district attorney failed to disclose material evidence in violation of Brady v. Maryland (1963) 373 U.S. 83--and when the Attorney General has knowledge of, or is in actual or constructive possession of, such evidence--what duty, if any, does the Attorney General have to acknowledge or disclose that evidence…

Case: In re Jenkins (2023) ___ Cal.5th ___
Case Number: S267391/B301638
Updated: March 27, 2023
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Continuing Hearing on Motion to Suppress When Denying Continuance Would Result in Dismissal

Did the trial court err in granting the People's motion under Penal Code section 1050 to continue the hearing on a motion to suppress evidence, when it was reasonably foreseeable that denying the continuance would result in a dismissal of the case but the People otherwise failed to show good cause for a continuance? Held: "This case involves a motion…

Case: People v. Brown (2023) __ Cal.5th ___
Case Number: S271877/H048462
Updated: March 27, 2023
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Judicial Fact Finding at Sentencing When Jury Failed to Reach a Verdict

Did the sentencing court err by finding petitioner's conviction for battery with serious bodily injury was a serious felony (Pen. Code, §§ 667, subd. (a)(1), 1192.7, subd. (c)(8)), despite the jury's failure to reach a verdict on the allegation that petitioner personally inflicted great bodily injury in committing that offense? (See Apprendi v. New Jersey (2000) 530 U.S. 466; Blakely v. Washington (2004) 542…

Case: In re Cabrera (2023) __ Cal.5th __
Case Number: S271178
Updated: March 2, 2023
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Murder–Instruction on Elements of First Degree Murder By Poison

(1) Did the trial court err in instructing the jury on the elements of first degree murder by poison (see People v. Steger (1976) 16 Cal.3d 539, 544?546; People v. Mattison (1971) 4 Cal.3d 177, 183?184, 186)? (2) Was any such instructional error prejudicial? Held: The District Attorney charged Brown with first degree murder and prosecuted the charge on the theory that Brown…

Case: People v. Brown (2023) __ Cal.5th __
Case Number: S257631
Updated: March 2, 2023
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Illegal Detention–Does Discovery of a Parole or Probation Search Condition Remove Taint Under the Attenuation Doctrine

(1) Is the discovery of a parole or probation search condition an intervening circumstance that removes the taint of an illegal detention under the attenuation doctrine? (2) What constitutes purposeful and flagrant police misconduct under the attenuation doctrine analysis? Held: As a general rule, evidence seized as a result of an unlawful search or seizure is inadmissible against the defendant…

Case: People v. McWilliams (2023) __ Cal.5th __
Case Number: S268320/H045525
Updated: February 23, 2023
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Procedures When Appointed Counsel Determines that an Appeal from an Order Denying Postconviction Relief Lacks Arguable Merit

(1) What procedures must appointed counsel and the Courts of Appeal follow when counsel determines that an appeal from an order denying postconviction relief lacks arguable merit? (2) Are defendants entitled to notice of these procedures? Held: In People v. Wende (1979) 25 Cal.3d 436 [158 Cal. Rptr. 839, 600 P.2d 1071] (Wende), we held the Courts of Appeal must…

Case: People v. Delgadillo (2022) 14 Cal.5th 216
Case Number: S266305
Updated: February 15, 2023
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Establishing a “Pattern of Criminal Gang Activity”–Must the People Show Two or More Gang Members Worked in Concert During Each Predicate Offense

Can the People meet their burden of establishing a "pattern of criminal gang activity" under Penal Code section 186.22 as amended by Assembly Bill No. 333 (Stats. 2021, ch. 699) by presenting evidence of individual gang members committing separate predicate offenses, or must the People provide evidence of two or more gang members working in concert with each other during…

Case: People v. Clark (2024) 15 Cal.5th 743
Case Number: S275746
Updated: February 2, 2023
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Demonstrating Prejudice for PC 1473.7 Motion

Did the Court of Appeal err in ruling that defendant failed to demonstrate prejudice within the meaning of Penal Code section 1473.7 from trial counsel's failure to properly advise him of the immigration consequences of his plea? On 9/20/2021, the court limited the issue to be argued and briefed to the following: Did the Court of Appeal err in ruling…

Case: People v. Espinoza (2023) 14 Cal.5th 311
Case Number: S269647/F079209
Updated: January 26, 2023
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Whether Appeal of Jurisdictional Finding is Moot When Jurisdiction Had Been Terminated in the Interim, Even though Parents Might Be Registered on the Child Abuse Central Index

(1) Is an appeal of a juvenile court's jurisdictional finding moot when a parent asserts that he or she has been or will be stigmatized by the finding? (2) Is an appeal of a juvenile court's jurisdictional finding moot when a parent asserts that he or she may be barred from challenging a current or future placement on the Child…

Case: In re D.P. (2023) 14 Cal.5th 266
Case Number: S267429
Updated: January 19, 2023
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Whether Defendant Was Detained When Officer Shone a Spotlight on Defendant’s Parked Car and Ordered Passenger to Stay Near Car

Was defendant unlawfully detained when the arresting officer used his spotlight to illuminate defendant's parked car and then directed a passenger who exited the car to remain outside and stay on the sidewalk near the car? Held: A sheriff's deputy patrolling after dark saw three people sitting in a legally parked car in a residential neighborhood, smoking something. He pulled…

Case: People v. Tacardon (2022) 14 Cal.5th 235
Case Number: S264219
Updated: December 29, 2022
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Court Delegating Authority to Allow Probation Department to Offer Minor Community Service Hours to Work Off Alleged Probation Violations

Did the trial court improperly delegate its authority to the probation department and violate the minor's due process rights by permitting the probation department to offer the minor community service hours "to work off any alleged probation violations"? Held: After determining that D.N., a minor, was within the jurisdiction of the juvenile court because of his violation of criminal laws…

Case: In re D.N. (2022) 14 Cal.5th 202
Case Number: S268437/F080624
Updated: December 12, 2022
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California Victim Compensation Board Claims and Actual Innocence Finding by Federal Court

(1) Does a federal court's "gateway" finding of actual innocence (Schlup v. Delo (1995) 513 U.S. 298) satisfy the "factually innocent" standard of Penal Code section 1485.55, subdivision (a), for entitlement to compensation by a person wrongfully convicted and incarcerated? (2) Are the factual findings and credibility determinations made in a federal court's Schlup order binding on state courts under Penal Code section…

Case: Souliotes v. California Victim Compensation Bd.
Case Number: S267930/B295163
Updated: December 8, 2022
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Drug Overdose as Implicit Waiver of Right to be Present at Trial / No Continuance for Defendant to Testify

(1) Did the trial court err in ruling that defendant's overdose on heroin during his jury trial was an implicit waiver of his right to be present and made him voluntarily absent within the meaning of Penal Code section 1043, subdivision (b)(2)? (2) Did the trial court err in denying the defense motion for a one-day continuance to permit defendant…

Case: People v. Ramirez (2022) 14 Cal.5th 176
Case Number: S262010/F076126
Updated: December 5, 2022
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Sufficiency of the Evidence–Conspiracy to Commit Murder for the Benefit of a Gang

Does sufficient evidence support Hoskins's Count 1 conviction for conspiracy to commit murder? [Editor's Note: Count 1 in this case alleged that multiple defendants conspired to commit murder (Pen. Code, §§ 182, subd. (a), 187) for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)) between January 1, 2012, and April 23, 2014. On appeal, it was undisputed that the…

Case: People v. Ware (2022) 14 Cal.5th 151
Case Number: S263923
Updated: December 1, 2022
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Three Strikes Sentencing When There Are Multiple Current Violent or Serious Felony Convictions

Does the Three Strikes law (Pen. Code, §§ 667, subd. (c)(6) & (7), 1170.12, subd. (a)(6) & (7)) require consecutive terms on multiple current violent or serious felony convictions, regardless of whether the offenses occurred on the same occasion or arose from the same set of operative facts? Held: "This case considers if and when a court may impose concurrent sentences…

Case: People v. Henderson (2022) 14 Cal.5th 34
Case Number: S265172
Updated: November 17, 2022
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Assembly Bill No. 333 and Bifurcation of Gang Allegations at Trial

People v. Tran, S165998, an automatic appeal, included an issue involving the retroactivity of the provision in Assembly Bill No. 333 (Stats. 2021, ch. 699) permitting the bifurcation of gang allegations at trial (Pen. Code, § 1109). Held: "The question of whether section 1109 applies retroactively is the subject of a split of authority among the Courts of Appeal. (See e.g., People v.…

Case: People v. Tran (2022) 13 Cal.5th 1169
Case Number: S165998
Updated: September 21, 2022
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Whether Assault by Means of Force Likely to Produce Great Bodily Injury a Lesser Included Offense of Assault with a Deadly Weapon

In this case in which briefing was previously deferred pending decision in People v. Aledamat (2019) 8 Cal.5th 1, the court ordered the parties to brief the following question on 11/20/2019: (1) Is assault by means of force likely to produce great bodily injury a lesser included offense of assault with a deadly weapon? (See People v. Aledamat (2019) 7 Cal.5th 1, 16,…

Case: People v. Aguayo (2022) 13 Cal.5th 974
Case Number: S254554
Updated: August 29, 2022
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Sufficiency Evidence Gang Enhancements

Was the evidence sufficient to support the criminal street gang enhancements imposed under Penal Code section 186.22, subdivision (b)? On 4/21/2021, the court ordered the issues to be briefed and argued in this case limited to the following: When a member of a criminal street gang acts alone in committing a felony, what evidence will suffice to establish the felony…

Case: People v. Renteria (2022) 13 Cal.5th 951
Case Number: S266854
Updated: August 25, 2022
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Does Gallardo (Limiting Judicial Fact-Finding for Prior Convictions) Apply Retroactively

Do the limitations of People v. Gallardo (2017) 4 Cal.5th 120 on judicial fact-finding concerning the basis for a prior conviction apply retroactively to final judgments? (Compare In re Milton (2019) 42 Cal.App.5th 977 with In re Brown (Feb. 25, 2020, E071401) 45 Cal.App.5th 699.) A request for an order directing depublication of the opinion was denied. Held: In 1987, petitioner William Milton was convicted of…

Case: In re Milton (2022) 13 Cal.5th 893
Case Number: S259954/B297354
Updated: August 22, 2022
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Mistake of Fact Instructional Error and Prejudice Standard

Did the Court of Appeal err in holding an instructional error on the defense of mistake of fact harmless? In the circumstances of this case, which standard of prejudice applies to an error in instructing on the defense of mistake of fact: that of People v. Watson (1956) 46 Cal.2d 818 or that of Chapman v. California (1967) 386 U.S. 18? Held: Early one…

Case: People v. Hendrix (2022) 13 Cal.5th 933
Case Number: S265668
Updated: August 22, 2022
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SB 1437–Felony-Murder Special Circumstance Finding Precluding Eligibility for Relief

Does a felony-murder special circumstance finding (Pen. Code, § 190.2, subd. (a)(17)) made before People v. Banks (2015) 61 Cal.4th 788 and People v. Clark (2016) 63 Cal.4th 522 preclude a defendant from making a prima facie showing of eligibility for relief under Penal Code section 1170.95? Held: A pre-Banks/Clark felony-murder special-circumstance finding does not preclude a defendant from establishing a prima facie case for…

Case: People v. Strong (2022) 13 Cal.5th 698
Case Number: S266606
Updated: August 8, 2022
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Trial Court Permission to Consolidate Pleadings

When a defendant is held to answer following separate preliminary hearings on charges brought in separate complaints, can the People file a unitary information covering the charges in both those cases or must they obtain the trial court's permission to consolidate the pleadings? (See Pen. Code, §§ 949, 954.) Held: Penal Code1 section 954 provides in relevant part: “[1] An…

Case: People v. Henson (2022) 13 Cal.5th 574
Case Number: S252702
Updated: August 1, 2022
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Finality for Ameliorative Change in Law When Judgment is Later Vacated, Altered, or Amended and a New Sentence Imposed

When a judgment becomes final, but is later vacated, altered, or amended and a new sentence imposed, is the case no longer final for the purpose of applying an intervening ameliorative change in the law? Proposition 57 applies to juvenile offender’s resentencing because his judgment became nonfinal when his original sentence was vacated during habeas proceedings and his case was…

Case: People v. Padilla (2022) 13 Cal.5th 152
Case Number: S263375
Updated: May 26, 2022
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