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Name: People v. Patton
Case #: D074344
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 11/06/2019

Appellate waiver did not prevent defendant from challenging electronic search condition on appeal without a certificate of probable cause. Defendant pleaded guilty to felony grand theft of personal property (Pen. Code, § 487, subd. (a)) after he and three others stole electronic devices, including three iPhones and two Apple watches, from a store. As part of the plea deal, defendant agreed to "give up my right to appeal . . . any sentence stipulated herein." The plea form stated, "As conditions of probation I may be given . . . conditions deemed reasonable by the Court." At…

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Name: People v. Cisneros-Ramirez
Case #: G055409
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 11/26/2018

Defendant's waiver of his "right to appeal from [his] guilty plea" precludes appellate review of his motion to exclude statements on Miranda grounds. Defendant's pretrial motion to suppress his statements following his arrest as obtained in violation of Miranda v. Arizona (1966) 384 U.S. 436 was denied. He later pleaded guilty under a plea bargain, and signed and initialed a plea form stating: "I understand I have the right to appeal from decisions and orders of the Superior Court. I waive and give up my right to appeal from any and all decisions and orders made in my case,…

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Name: People v. Hudson
Case #: F074016
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 10/05/2018

Sentencing court's reliance on the preliminary hearing transcript in finding defendant's prior conviction qualified as a serious felony was impermissible and violated defendant's Sixth Amendment right to a jury trial. In 2016, after a jury found Hudson guilty of mayhem, the court held a separate trial to determine whether his 1991 conviction for assault under Penal Code section 245, subdivision (a)(1), was a serious felony within the meaning of section 667, subdivisions (a) and (d). To prove that Hudson's conviction was based on a theory involving use of a deadly weapon rather than by means likely to produce great bodily…

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Name: People v. Jones
Case #: B279694
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 08/21/2018

Murder conviction reversed where defendant's waiver of jury trial after bare two-question inquiry was not knowing and voluntary. Jones was convicted of second degree murder and child abuse following the death of her four-month-old daughter. On appeal she argued her waiver of jury trial was involuntary. Held: Reversed. A criminal defendant has a constitutional right to a trial by jury. This right may be waived but the waiver must be knowing and intelligent, that is, made with the awareness of the nature of the right being waived and the consequences of this decision. In determining whether a defendant has made…

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Name: People v. Jordan
Case #: C084592
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/15/2018
Subsequent History: Opn. mod. 4/12/2018

Appellant's failure to challenge penalty assessments on drug fees in his first appeal waived that claim for the purposes of future appeals. In 2016 Jordan pleaded no contest to several drug offenses. In his first appeal he challenged the denial of a motion to suppress evidence. After the opening brief was filed, Jordan sent a request to the superior court under Penal Code section 1237.2 to strike penalty assessments that had been applied to a criminal laboratory analysis fee (Health & Saf. Code, § 11372.5; People v. Watts (2016) 2 Cal.App.5th 223). The trial court denied his request. While the…

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Name: People v. Sawyers
Case #: B266897
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 09/26/2017

Three Strikes sentence reversed where charging document failed to give notice that defendant was subject to a Three Strikes life sentence. Sawyers was convicted of first degree murder, gun use, and other offenses based on an incident where he and fellow gang members shot into a rival gang member's house, killing an elderly man. As to the murder, the trial court sentenced Sawyers to 25-years-to-life, doubled due to a serious felony prior, plus 25-years-to-life for the gun use. On appeal, Sawyers argued the Three Strikes sentence was illegal because the information had failed to allege his prior offense was a…

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Name: People v. Shepard
Case #: C077166
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/19/2015

Petitioner waived his right to a hearing on his petition for certificate of rehabilitation when he left courthouse without participating in the hearing on the petition. Shepard, who had a 1991 rape conviction and convictions for other offenses, filed a petition for certificate of rehabilitation (Pen. Code, § 4852.01) in 2014. The prosecution opposed the petition in a written report, arguing that Shepard took no responsibility for the rape and claimed his attorney coerced a plea. Shepard asserted that the court bailiff handed him the court's tentative ruling when he came to court for his hearing, told him the petition…

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Name: People v. Munoz
Case #: C075983
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/05/2015
Subsequent History: Review granted 4/29/2015: S224900

Defendant forfeited claims challenging mandatory supervision conditions because he failed to object at the time the conditions were imposed. After pleading guilty to sale of a controlled substance, Munoz was granted formal probation pursuant to the conditions set forth in a probation officer's report. One of those conditions required that he complete a psychological or psychiatric counseling program if directed to do so by his probation officer. Another required that he sign any necessary release so that the psychotherapists could communicate with his probation officer. Munoz did not object to those conditions at the time they were imposed, and did…

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Name: People v. Christensen
Case #: G048615
District 4 DCA
Division: 3
Opinion Date: 09/10/2014

Child molest victim diagnosed with Asperger's syndrome was unavailable to testify at defendant's second trial because the witness would suffer substantial trauma if he was required to testify again. Appellant was charged with multiple counts of lewd acts against two children, Spencer S. and Joshua K. (Pen. Code, § 288, subd. (a)). At his first trial, the jury convicted appellant of the charges involving Spencer, but deadlocked with respect to the charges involving Joshua. At his second trial, appellant was convicted of the counts pertaining to Joshua, and a lewd act against a third child, Zachary. The jury…

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Name: People v. Kendrick
Case #: B246217
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 05/28/2014

Probationer forfeits constitutional challenge to probation term restricting Internet access where he failed to raise the claim in the trial court. Appellant pled guilty to two counts of lewd act on a child (Pen. Code, § 288, subd. (a)). The court sentenced him to 10 years in prison, execution suspended, and granted probation; one term of probation restricted his Internet use. Appellant's probation was revoked and reinstated on one occasion. After a second violation, based on accessing the Internet, the court revoked probation and executed the sentence. On appeal appellant challenged the Internet term. Held: Issue forfeited. Appellant claimed In…

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