Penalized for Appealing

Name: Johnson v. Superior Court (Los Angeles County)
Case #: B266421
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 10/27/2016
  • Categories: Appeals, Penalized for Appealing

Prosecution failed to rebut presumption of vindictiveness for adding additional murder charges after defendant successfully appealed his convictions. In 1997 Johnson was convicted of two murders with special circumstances and sentenced to death. In 2011 his judgment was reversed and…

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Name: People v. Vizcarra
Case #: D065579
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 04/30/2015
  • Categories: Appeals, Penalized for Appealing, Review Principles

In second appeal following resentencing to correct an unauthorized sentence, appellant was barred from raising claim that an increase in his aggregate prison sentence was illegal because the same claim was rejected in his first appeal. A jury convicted Vizcarra…

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Name: People v. Puentes
Case #: H034546
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 12/20/2010
  • Categories: Appeals, Penalized for Appealing

The presumption of vindictive prosecution after the defendant exercised the right to appeal was not rebutted. In this second appeal, appellant argued he was penalized for appealing when the prosecution recharged the felony it had sought to dismiss in the…

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Name: People v. Delgado
Case #: G041561
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 01/15/2010
  • Categories: Appeals, Areas Constitutional Law, Ex Post Facto, Penalized for Appealing, Review Principles

Penal Code section 784.7 allows prosecution of section 288 violations in any county where any of the offenses occurred. Appellant was convicted of sexually abusing two boys over a 13-year period. The acts against one victim occurred in Los Angeles…

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Name: People v. Torres
Case #: B163612
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 03/30/2005
  • Categories: Appeals, Areas Constitutional Law, By CALJIC Number, Double Jeopardy, Jury Instructions, Not Guilty by Reason of Insanity, Penalized for Appealing, Sanity Phase

At the sanity phase of his (second) trial, the court instructed the jury pursuant to CALJIC 4.00 on the definition of insanity, but modified the instruction by adding language further defining the word "wrong" to include both legal and moral…

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Name: People v. Harvest
Case #: A087494
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 10/31/2000
Subsequent History: Petn. rev. den. 2/28/01
  • Categories: Appeals, Areas Constitutional Law, Double Jeopardy, Penalized for Appealing, Penalties/Registration, Review Principles, Sentencing

There was no bar to ordering direct restitution to the victim following retrial because of the legal doctrines of waiver, estoppel, or laches. There is no statute of limitations on victim restitution, and estoppel would defeat the public policy considerations.…

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