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Name: People v. Koback
Case #: E06667
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/27/2019

The evidence was sufficient to prove that defendant used car keys as a deadly weapon where he forcibly swung the ignition end of a key, gripped tightly in his fist, at the victim's torso. After a customer reported seeing Koback steal a set of car keys from a rental car company, employees pursued him. Several times Koback warned the employees to back off or he would hurt them. As the employees closed in on him, Koback made a fist around the keys so that the ignition portion of a key was sticking out between his knuckles, and lunged at one…

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Name: People v. Bolding
Case #: G055187
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/01/2019

In a prosecution for money laundering, the People are not required to prove dollar for dollar tracing between the illegally obtained funds and the monetary transaction. Defendant, the former controller at a law firm, was convicted of eight counts of money laundering after an accountant identified a total of 524 unauthorized checks written against the firm's payroll account and made out to defendant totaling over $1 million. He appealed, arguing that the prosecution did not sufficiently prove that at least $5,000 alleged to have been laundered was derived from the proceeds of criminal activity because the money was commingled with…

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Name: People v. Shiga
Case #: B256009
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 04/17/2019

Defendant was improperly convicted of both arson of an inhabited structure and arson of a structure under Penal Code section 451, subdivisions (b) and (c) because they are forms of the same offense of simple arson. Shiga was convicted of aggravated arson (Pen. Code, § 451.5), arson of an inhabited structure (Pen. Code, § 451, subd. (b)), and arson of a structure (Pen. Code, § 451, subd. (c)), among other charges, for the burning of a church and neighboring structures, causing over $3.2 million in property damage. Shiga appealed and the court addressed whether he was improperly convicted of two…

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Name: People v. Taggart
Case #: F073982
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 01/23/2019

Defendant's departure from California in violation of her "sheriff's parole" was not an escape because mere constructive custody is insufficient physical restraint to constitute the "lawful custody" required by the statute. Taggart was convicted of felony escape (Pen. Code, § 4532, subd. (b)(1)) for leaving Kern County while she was on an alternative custody program sometimes called "sheriff's parole," in violation of the parole terms. On appeal she challenged the sufficiency of the evidence to support her conviction. Held: Reversed. Section 4532, subdivision (b)(1) provides, in relevant part, "Every prisoner . . . convicted of a felony . . .…

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Name: People v. Koback
Case #: E066674
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 07/17/2018

The evidence was sufficient to support defendant's conviction for assault with a deadly weapon where he forcibly swung the ignition end of a car key, which he gripped in a tight fist, at the victim's torso. After a customer saw Koback steal a set of car keys from a rental car company, employees pursued him. He told the employees to back off or he would harm them, then crossed the street. The employees followed him and confronted him again. Koback made a fist around the keys so that the "sharp" ignition portion of a key was sticking out…

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Name: People v. Berg
Case #: H043511
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 05/25/2018

Trial court properly excluded evidence of defendant's voluntary intoxication because he was charged with possessing a controlled substance in jail, which is a general intent crime. Berg was charged with knowingly possessing methamphetamine in a jail (Pen. Code, § 4573.6) after a search conducted two days following his misdemeanor arrest for public intoxication. At trial, the prosecution moved to exclude testimony about Berg's intoxication at the time of his arrest. Berg argued that the intoxication evidence was relevant to his ability to be aware of the presence of contraband and that the jury should be allowed to determine how intoxication…

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Name: People v. Garcia
Case #: A139924
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 11/14/2017

One Strike finding that defendant committed sex offense during residential burglary upheld where invited overnight guest entered bedroom of home to commit sex offense against minor. Garcia, while staying as an invited guest in his sister-in-law's house, entered a bedroom and committed forcible sex acts against his 12-year-old niece. The jury convicted him of numerous sex offenses, and found that he committed them during a residential burglary. The burglary finding resulted in a sentence of LWOP under the One Strike law (Pen. Code, § 667.61). On appeal he argued the burglary finding must be stricken because he was an invited…

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Name: In re Charles G.
Case #: A149593
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 08/25/2017

Juvenile court did not err in finding minor violated both Penal Code sections 29610 (possession of a firearm by a minor) and 25400, subdivision (a)(2) (carrying a concealed firearm). The juvenile court sustained allegations in a delinquency petition that Charles G. violated Penal Code sections 25400, subdivision (a)(2) (carrying a concealed firearm) and 29610 (possession of a firearm capable of concealment by a minor). On appeal, he argued the juvenile court improperly found that he violated both sections 25400 and 29610 because section 25400 is preempted by section 26910, a more specific statute targeting minors. Held: Affirmed. Under In re…

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Name: People v. Webb
Case #: A147740
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 07/12/2017

Trial counsel was not ineffective for failing to move to dismiss identity theft charge under the Williamson rule. A police officer stopped Webb, who was sitting in a recently stolen car. Webb refused to identify himself but said he had identification in his pocket. The officer retrieved the identification and asked for Webb's real name, as Webb did not look like the person depicted in the driver's license. Webb then provided his name. A jury convicted Webb of identity theft (Pen. Code, § 530.5, subd. (a)) and other offenses. On appeal, Webb argued his trial attorney provided ineffective assistance by…

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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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