All Other Crimes

Name: People v. Koback
Case #: E06667
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/27/2019
  • Categories: All Other Crimes, Crimes, Legislation, Statutory Construction

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…

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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
  • Categories: All Other Crimes, Crimes, Legislation, Statutory Construction

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…

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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
  • Categories: All Other Crimes, Crimes, Legislation, Lesser-Included Offenses, Statutory Construction

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…

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Name: People v. Taggart
Case #: F073982
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 01/23/2019
  • Categories: All Other Crimes, Crimes, Elements of Crimes, Legislation, Statutory Construction

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, §…

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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
  • Categories: All Other Crimes, Crimes, Evidence, Insufficiency/Sufficiency of

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…

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Name: People v. Berg
Case #: H043511
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 05/25/2018
  • Categories: All Other Crimes, Crimes, Defenses, Mens Rea, Mental

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)…

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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
  • Categories: All Other Crimes, By CALCRIM Number, Crimes, Evidence, Insufficiency/Sufficiency of, Jury Instructions

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…

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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
  • Categories: All Other Crimes, Crimes

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…

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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
  • Categories: All Other Crimes, Crimes, Fines/Fees/Assessments, Ineff. Assist. Counsel (IAC), Motions Dismiss/Strike, Pretrial Motions, Right to Counsel, Sentencing

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…

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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
  • Categories: Actus Reus, Admitting/Excluding, All Other Crimes, Crimes, Evidence, Interrogations & Confessions, Miranda v. Arizona

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…

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