Jurisdiction & Venue

Name: People v. Hernandez (2023) 93 Cal.App.5th 1
Case #: B315243
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 06/22/2023
Subsequent History: Ordered published 7/3/2023
  • Categories: Bifurcation of Gang Allegations, Jurisdiction & Venue, Jurisdiction Over Person, Probation, Probation / Parole / PRCS

Original trial court retained jurisdiction over motion to withdraw plea filed by a former probationer whose probation had been transferred from the county of conviction to his county of permanent residence. The supervision of defendant’s probation was transferred from the…

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Name: Smith v. U.S. (2023) __ U.S. __ [143 S.Ct. 1594]
Case #: 21-1576
Court: US Supreme Court
Opinion Date: 06/15/2023
  • Categories: Double Jeopardy, Jurisdiction & Venue, Other, State Venue, Venue

The U.S. Constitution permits retrial when a conviction is reversed because the prosecution occurred in the wrong venue and before a jury drawn from the wrong location. Smith was indicted in the Northern District of Florida for theft of trade…

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Name: People v. Jones (2023) 89 Cal.App.5th 1344
Case #: A163558
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 04/04/2023
  • Categories: Bifurcated Proceedings, Jurisdiction & Venue, Trial Proceedings

Jury’s verdict in the second part of a bifurcated trial was a nullity where the trial court had discharged and lost control of the jury after the first part of the trial. Following the reading of the verdicts in a…

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Name: In re Kerins (2023) 89 Cal.App.5th 1084
Case #: A165304
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 03/30/2023
  • Categories: Areas Constitutional Law, Civil Commitments, Ineff. Assist. Counsel (IAC), Jurisdiction & Venue, Right to Counsel, SVP

Failure to bring SVP defendant to trial more than 14 years after the filing of the SVP petition did not amount to unconstitutional pretrial delay. Kerins was convicted of an SVP-qualifying offense in 1988. He was convicted of additional offenses…

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Name: People v. Beatty
Case #: C077542
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/06/2018
  • Categories: Jurisdiction & Venue, Specific Jurisdiction, State Venue

Territorial jurisdiction (venue) to prosecute a crime is appropriate in any county affected by the offense; it is immaterial where the acts constituting the elements of a crime were committed. As part of an undercover operation, Detective Bellamy initiated several…

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Name: Gholipour v. Superior Court (San Diego County)
Case #: D072235
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 10/24/2017
  • Categories: Jurisdiction & Venue, Jurisdiction Over Person, Mandatory Supervision, Probation / Parole / PRCS, Restitution, Sentencing

When a Court of Appeal vacates a restitution award in a case that has been transferred to another county under Penal Code section 1203.9, the transferring court retains jurisdiction to impose a new restitution order consistent with the appellate court's…

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Name: In re Barber
Case #: B284060
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 09/14/2017
  • Categories: Jurisdiction & Venue, Jurisdiction of Trial Court, Probation, Probation / Parole / PRCS, Sentencing, Specific Jurisdiction

After probation expired, sheriff did not have authority to confine former probationer who failed to complete work release program. In 2007, Barber pleaded no contest to second degree commercial burglary, and the court sentenced him to three years' probation. In…

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Name: People v. Ochoa
Case #: B264450
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 08/31/2016
  • Categories: Areas Constitutional Law, Constitutional/Statutory, Crimes, Due Process, Elements of Crimes, Jurisdiction & Venue

Attempted extortion conviction reversed where there was no evidence the defendant intended to extort anything from the sole victim named in the information. Ochoa and a companion approached a man, Santiago, who was working in a food truck. Ochoa attempted…

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Name: People v. Adelmann
Case #: E064099
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/31/2016
  • Categories: Jurisdiction & Venue, Jurisdiction Over Person, Prop 47, Sentencing

Where the "entire jurisdiction" of defendant's case was transferred to another county (Pen. Code, § 1203.9), his Proposition 47 petition was properly filed in the receiving county. In 2012, defendant pleaded guilty in San Diego County to driving under the…

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Name: People v. Scarbrough
Case #: C075414
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 09/29/2015
  • Categories: Constitutional/Statutory, Jurisdiction & Venue, Prop 47, Sentencing

Trial court lacks jurisdiction to reduce a felony conviction to a misdemeanor under Proposition 47 (Pen. Code, § 1170.18) while an appeal from that felony conviction is pending. Scarbrough pled no contest to two counts of felony possession of a…

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