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Name: D.K. v. Office of Admin. Hrgs.
Case #: A167272
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 05/14/2024

Superior court erred in finding that writ relief was not available to individuals who have been subject to a temporary involuntarily medication order. D.K. was found incompetent to stand trial (IST) and committed to the Department of State Hospitals. D.K. was involuntarily medicated, pursuant to an administrative law judge order under PC 1370. D.K. appealed the denial of her petition for a writ of administrative mandate. In light of the compelling liberty interest against involuntary medication, and the failure to identify any alternative form of relief reasonably available to D.K., the superior court erred in concluding writ relief was categorically…

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Name: People v. Superior Court (Mitchell) (2023) 94 Cal.App.5th 595
Case #: B326653
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 08/16/2023

A superior court’s order reducing a felony “wobbler” to a misdemeanor is unauthorized under Penal Code section 17(b) when made after the preliminary hearing and before trial. The first count in a felony information charged defendant with a wobbler as a felony—resisting an officer in violation of Penal Code section 69(a). On the day that trial was to begin, the superior court reduced the felony wobbler to a misdemeanor over the People’s objection. The People petitioned for a writ of mandate directing the superior court to vacate its order. Held: Petition granted. Section 17(b) permits the trial court to reduce a…

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Name: A.T. v. Superior Court
Case #: A149772
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 03/30/2017

Juvenile court improperly denied minor's request for release to the custody of her mother in order to pressure her to accept a plea bargain. Police found A.T. and her brother with a gun that the brother's girlfriend's father had reported stolen. They were both charged with a number of firearm offenses in juvenile court. At a readiness conference, the prosecution offered A.T. and her bother a package deal that depended on both minors admitting the charges. A.T. requested to be released from detention to her mother's custody and the juvenile court denied the request. During this and a subsequent readiness…

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Name: Davis v. Superior Court (People)
Case #: E063943
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 07/22/2016

Indigent defendant is not required to pay in advance for costs of postconviction discovery. In 1998 a jury convicted Davis of three counts of first degree murder with enhancements. He was given multiple LWOP terms. In 2011, he sought postconviction discovery (Pen. Code, § 1054.9). The trial court ordered Davis and the real party in interest (the People) to agree on which items he would receive and informed Davis he would be required to pay in advance for the material. In 2015, Davis wrote the court identifying the items requested and objecting to the requirement he pay for the material…

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Name: Najera v. Shiomoto
Case #: F069387
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 09/17/2015

Trial court did not err in overturning administrative suspension of driver's license where Kern County Regional Crime Lab used incorrect procedures in performing and reporting blood tests. The Department of Motor Vehicles (DMV) suspended Najera's driver's license after it found that he drove with a blood alcohol concentration (BAC) of .08% or more (Veh. Code, § 13353.2). At an administrative hearing, Najera presented expert testimony challenging the manner in which the blood test results were conducted and reported by the Kern County Regional Crime Laboratory. The expert faulted the undersized sample taken, which was smaller than recommended and could lead…

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Name: Yohner v. Cal. Dept. of Justice
Case #: D065985
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/22/2015

Stepgrandparent who molested stepgranddaughter does not qualify for exclusion from Megan's Law website. Yohner was convicted of molesting his stepgranddaughter (Pen. Code, § 288, subd. (a)). He filed an application with DOJ under Penal Code section 290.46, subdivision (e)(2)(D)(i) for an exclusion from being listed on the Megan's Law Internet website. DOJ denied his application on the basis that stepgrandparents were not eligible for exclusion from the website. Yohner filed a petition for writ of mandate requesting that the trial court order DOJ to exclude him from the website. The trial court denied the petition and Yohner appealed. Held: Affirmed.…

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Name: Ruelas v. Superior Court
Case #: H039848
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 03/20/2015

Juvenile's equal protection challenge to his mandatory sex offender registration for a violation of Penal Code section 647.6 fails. In 1994, at age 14, Ruleas admitted committing misdemeanor annoying or molesting a child (Pen. Code, § 647.6) and was adjudged a ward, but he was not committed to the Youth Authority (now the Division of Juvenile Facilities) at this time. Three years later, Ruleas committed three non-sex offenses and the juvenile court committed him to the Youth Authority. The term included 4 months for the section 647.6 offense and this triggered mandatory sex offender registration upon Ruleas’ release under Penal…

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Name: Wofford v. Superior Court (San Diego County)
Case #: D064633
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 10/22/2014

Defendant serving non-custodial portion of Realignment split sentence is eligible for transfer of supervision under Interstate Compact. Wofford was convicted of drug-related offenses and sentenced under the Realignment Act to a split term. After she commenced serving the supervised, non-custodial portion of her sentence, she applied for transfer of her supervision to Virginia. The prosecution opposed, stating Wofford was unlike a probationer, because she was serving a prison term in the community. The trial court found her ineligible for transfer because she was in essence an inmate and therefore not eligible under the Interstate Compact. The Court of Appeal deemed…

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Name: People v. Superior Court (Sanchez)
Case #: C071008
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/29/2014

Trial court erred by denying the prosecution's request to vacate a plea bargain based on a mutual mistake of law and by imposing a sentence other than what was bargained for. Appellant pled no contest to one count of attempted murder in exchange for dismissal of other violent felonies and a stipulated sentence of 25 years to life. Prior to sentencing, the prosecution discovered that the authorized punishment for attempted murder is life with the possibility of parole, which would set the minimum term at 7 years, rather than the agreed-upon 25 years. The trial court denied the prosecution's request…

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Name: Cuevas v. Superior Court (Tulare County)
Case #: F064886
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 12/05/2013

A policing agency is not authorized to commence nonjudicial forfeiture proceedings. During an investigation, Police seized more than $7,000 from Cuevas and found trace amounts of methamphetamine in his wallet. Police gave Cuevas a "Notice of Nonjudicial Forfeiture Proceedings" form that stated his cash had been seized due to a violation of Health and Safety Code section 11379. The form warned that the seized cash would be forfeited unless Cuevas made a claim to it within 30 days, which he did not do. Cuevas was charged with drug possession (Health & Saf. Code, § 11377, subd. (a)). After the case…

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