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Name: People v. Reyes (2023) 14 Cal.5th 981
Case #: S270723
Court: CA Supreme Court
Opinion Date: 06/29/2023

Opinion by: Justice Liu (unanimous decision)

Trial court’s conclusion that Penal Code section 1170.95 (now 1172.6) petitioner’s second degree murder conviction was sustainable on a direct perpetrator theory was not supported by substantial evidence. After traveling with fellow gang members on bikes to rival gang territory, Reyes was present when Lopez shot and killed a person. Reyes was convicted of second degree murder with gang and firearm enhancements. He later filed a petition for resentencing under section 1172.6, arguing that he was convicted of murder under the now-invalid natural and probable consequences theory. After a (d)(3) hearing, the trial court denied…

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Name: People v. Booth
Case #: G054999
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 07/19/2018

Sufficient evidence supported defendant's conviction for preparing pornographic images of a minor (Pen. Code, § 311.4, subd. (c)) where he posed the toddler victim for pornographic films and videos, but she did not voluntarily pose or model. Booth was convicted of various sex offenses against children, including five counts of preparing pornographic images of a minor. (Pen. Code, § 311.4.) These counts were based on pornographic videos and photographs of Booth's niece that he created. On appeal, he relied on a dissenting opinion in People v. Hobbs (2007) 152 Cal.App.4th 1 to argue there was insufficient evidence to support the…

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Name: People v. Campbell
Case #: B267280
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 06/08/2017

Defendant's post-Mirandized silence was properly admitted during trial to rebut defendant's claim that he fully cooperated with police. Campbell drove his car into multiple people on the Venice Beach Boardwalk. At his trial for murder and related offenses, Campbell said it was an accident and claimed he fully cooperated with police. To rebut the claim that Campbell fully cooperated with police, the prosecutor admitted evidence of his post-Mirandized silence. The defense moved for a mistrial, which the trial court denied. The jury convicted Campbell. He appealed. Held: Affirmed. Generally, impeaching a defendant's…

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Name: People v. Stylz
Case #: B263072
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 08/16/2016

Defendant's forcible entry into a public storage unit with the intent to steal property of another when the storage facility was open to the public was not shoplifting (Pen. Code, § 459.5) regardless of the value of the property taken. Stylz pleaded no contest to second degree burglary based on his forcible entry into a locked storage unit within a larger storage facility with intent to commit larceny. In March 2015, he petitioned to reduce his felony to a misdemeanor under Proposition 47 (Pen. Code, § 1170.18, subds. (a) & (f)). The trial court denied the petition, finding Stylz's offense…

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Name: People v. McEntire
Case #: F067666
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 04/20/2016

Penetrating airspace between open screen and sliding glass door is sufficient to constitute entry for purposes of burglary. A woman called police after she saw McEntire try to pull open her locked sliding glass door. Thereafter, McEntire broke the glass door to gain entry. But by that time the woman had fled from her home. The jury convicted McEntire of burglary and a number of other offenses and found true a 10-year violent felony enhancement pursuant to Penal Code section 186.22, subdivision (b)(1)(C), based on evidence that McEntire committed a violent felony (burglary of an inhabited dwelling while a person…

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Name: People v. Wade
Case #: S224599
Court: CA Court of Appeal
District CalSup
Opinion Date: 05/09/2016

Defendant who is carrying a gun in a backpack that he is wearing, is "carrying a loaded firearm on his person" within the meaning of Penal Code section 25850, subdivision (a). While being pursued by police, Wade was wearing a backpack containing a loaded firearm. He was charged with carrying a loaded firearm on his person. The trial court granted a defense Penal Code section 995 motion, finding that Wade was not carrying the gun on his person based on the reasoning in People v. Pellecer (2013) 215 Cal.App.4th 508 (knife contained in backpack is not carried "on the person").…

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Name: People v. Cowart
Case #: A141043
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 07/17/2015

Leaving the scene of an accident in violation of Vehicle Code section 20001 is not a "felony involving death" within the meaning of Penal Code section 1601, subdivision (a) when there is no evidence that the victim's death resulted from the flight. Cowart was charged with a hit and run offense (Veh. Code, § 20001, subd. (a)) and misdemeanor vehicular manslaughter (Pen. Code, § 192, subd. (d)(2)) after he hit and fatally injured a bicyclist with his car, then left the scene of the accident. He was found incompetent to stand trial due to vascular dementia. At a hearing to…

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Name: People v. Rowe
Case #: D063847
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 04/04/2014

Magistrate erred in not binding over defendant on charges of soliciting rape and forcible sodomy where she posted online ads for sexual partners for an unwitting victim. Rowe became angry at the victim and her husband after they outbid her for the purchase of a house. As part of a series of harassing acts to retaliate against the victims, Rowe impersonated the female victim and posted an online advertisement seeking sexual partners for liaisons to occur while the victim's husband was at work. Several men responded and, during sexually explicit email exchanges, Rowe, still impersonating the victim, encouraged them to…

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Name: People v. Superior Court (Cardillo)
Case #: B246745
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 07/31/2013

Nonlicensed owners of medical marijuana clinics may be prosecuted for illegal practice of medicine even though they did not see patients or issue recommendations because they set up a system or mode for treating the sick or afflicted. Defendants were owners of a corporation that operated several medical marijuana clinics. They were charged in part with practicing medicine without a license (Bus. & Prof. Code, § 2052). They moved to dismiss the charge on the ground they did not treat patients, but only provided management services for the clinics. The court granted the motion, agreeing that section 2052 only applies…

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Name: People v. Denman
Case #: E053798
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 07/12/2013

Quitclaim deed purporting to transfer defendant's nonexistent interest in property to himself is a false document within the meaning of Penal Code section 115. Defendant targeted nine "distressed" properties in Riverside County, filing as to each quitclaim deeds to himself transferring his (nonexistent) interest in the property. He also filed homestead declarations for each property, claiming to be living in the house. He appealed his conviction for numerous counts of recording false documents and perjury. Held: Affirmed with limited remand ordered. The focus of section 115 is to protect the integrity and reliability of public records. Defendant claimed he…

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