Crimes

Name: People v. Collins
Case #: B304853
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 06/10/2021
  • Categories: By CALCRIM Number, By Prosecutor, Crimes, Crimes Against the Person, Elements of Crimes, Jury Instructions, Misconduct

Prosecutor committed prejudicial error by telling the jury that the "fear" element of robbery is judged by an objective rather than subjective standard. Collins put store merchandise into his bag. When approached by the store's assistant manager, Collins extended an…

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Name: Corona v. Superior Court
Case #: A161369
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 06/21/2021
  • Categories: Crimes, Elements of Crimes

An uninhabited outbuilding, such as a detached garage, is not a "dwelling house" for purposes of first degree residential burglary. Corona was charged with first degree residential burglary (Pen. Code, § 459) of a garage, which was detached from the…

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Name: People v. Moses
Case #: S258143
Court: CA Supreme Court
District CalSup
Opinion Date: 12/28/2020
  • Categories: Attempts, Crimes, Elements of Crimes, General Principles, Jury Instructions

Opinion By: Justice Corrigan (unanimous decision) A defendant may be convicted of human trafficking of a minor under the attempt prong of the statute (Pen. Code, § 236.1, subd. (c)), rather than the general law of attempt (Pen. Code, §§…

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Name: Smith v. LoanMe
Case #: S260391
Court: CA Supreme Court
District CalSup
Opinion Date: 04/01/2021
  • Categories: Crimes, Elements of Crimes, Legislation, Statutory Construction

Opinion By: Chief Justice Cantil-Sakauye (unanimous decision) Penal Code section 632.7 prohibits parties as well as nonparties from intentionally recording a communication transmitted between a cellular or cordless phone and another device without the consent of all parties to the…

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Name: People v. Jones
Case #: C087494
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/02/2021
  • Categories: Crimes, Crimes Against the Person, Double Punishment (PC 654), Enhancements, Evidence, Insufficiency/Sufficiency of, Sentencing

Although victim did not see, hear, or feel defendant's gun, there was sufficient evidence to support personal gun use enhancement. Jones approached the victim (and her toddler grandchild) as she entered her car, gesturing as if he had a gun…

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Name: People v. Lucero
Case #: C077666
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/29/2019
  • Categories: Crimes, Elements of Crimes, General vs Specific, Legislation, Statutory Construction

The preparation of declarations containing false statements to be used to obtain injunctive relief constituted the offense of preparing false evidence in violation of Penal Code section 134. Defendant Lucero was convicted of preparing false evidence in the form of…

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Name: People v. Chubback
Case #: E071274
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 12/11/2019
  • Categories: Crimes, Crimes Against Property, Elements of Crimes, Legislation, Statutory Construction

Defendant's driving of a motorized device designed to move shipping containers and used within a storage yard qualified as vehicle driving and taking under Vehicle Code section 10851. Police responded to a report of an unauthorized individual driving a motorized…

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Name: People v. Partee
Case #: S248520
Court: CA Supreme Court
District CalSup
Opinion Date: 01/23/2020
  • Categories: Accomplices, Crimes, Elements of Crimes, Evidence, Insufficiency/Sufficiency of

Defendant's failure to testify pursuant to a subpoena, with a grant of immunity, did not support an accessory to murder conviction because her silence did not fulfill the "overt or affirmative assistance" requirement of the crime. Partee voluntarily spoke with…

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Name: People v. Francis A.
Case #: A155082
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 09/25/2019
  • Categories: Crimes, Crimes Against the Person, Elements of Crimes, Evidence, Insufficiency/Sufficiency of

After a school resource officer placed his hand on a student's back, the student did not commit battery on the officer when he lightly brushed the officer's hand incidental to trying to move away. Minor cut class and was talking…

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Name: People v. Vital
Case #: B288533
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 10/03/2019
  • Categories: By CALCRIM Number, Crimes, Elements of Crimes, General Principles, Jury Instructions, Legislation, Statutory Construction

Judgment reversed where jury was improperly instructed that aider and abettor to violations of Penal Code section 288.7, subdivision (b) had to be at least 18 years old and was not instructed that direct perpetrator must satisfy age requirement. In…

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