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Name: People v. Velasco (2023) 97 Cal.App.5th 663
Case #: D081230
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 11/29/2023

The trial court had jurisdiction to resentence defendant under Senate Bill No. 483 even when he had another appeal pending. In 2013, Velasco was sentenced to several felonies and a prior prison term enhancement. On August 2, 2022, he filed a habeas petition in the superior court requesting relief under SB 483. The trial court denied the petition on the grounds that section 1172.75(b) sets forth a specific timeline for granting relief to eligible inmates. He filed an appeal from this denial (case no. D080603). However, the trial court then scheduled a resentencing hearing pursuant to SB 483. At the…

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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

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 county of conviction to the county of his permanent residence pursuant to Penal Code section 1203.9. Following the completion of his probationary sentence, defendant filed a motion to vacate his plea (Pen. Code, § 1473.7) in the receiving county. The trial court concluded that it lacked jurisdiction to hear the motion. Defendant appealed. Held: Affirmed. Section 1203.9 authorizes the transfer…

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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

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 secrets, among other charges. After the jury returned a guilty verdict, Smith moved for a judgment of acquittal based on improper venue. The district court denied the motion. On appeal, the Eleventh Circuit held that venue was improper on the trade secrets charge but that the error did not bar reprosecution. Held: Affirmed. In almost all circumstances, the appropriate remedy…

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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

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 bifurcated trial, the trial court discharged the jury and “expressly released the jurors from their obligation not to discuss the case with anyone else” and excused them from jury duty. The prosecutor informed the court that the matter of the prior serious felony conviction remained to be tried, and the trial court asked the bailiff to call the jurors back…

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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

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 in 1998 and sentenced to state prison for 13 years. Prior to his release, psychologists determined Kerins met the criteria for an SVP, and the the People filed an SVP petition. More than 14 years after the SVP petition was filed, Kerins filed a habeas petition alleging that the People had failed to bring him to trial in a timely…

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Name: People v. Beatty
Case #: C077542
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/06/2018

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 drug transactions by placing calls from Yolo County to a drug dealer named Costa in Sacramento County. Costa in turn contacted Beatty, who was his drug supplier in Sacramento County, to acquire drugs. The drug sales occurred in Sacramento. There was no evidence that Beatty committed any acts relative to the drug sales in Yolo County. Beatty was prosecuted in…

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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

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 instructions on remand. Following Gholipour's convictions for fraud and perjury, the San Diego County Superior Court imposed a split sentence and entered a restitution award. While her appeal in the case was pending, Gholipour completed the custody portion of her sentence and was released on mandatory supervision. She began living in Orange County, and the San Diego court granted her…

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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

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 2010, the court revoked and reinstated probation and sentenced Barber to 365 days in jail. In August 2010, Barber began a work release program in lieu of his jail sentence. He failed to complete the program, and an "IRC Want" was entered into the county warrant system. He appeared in court on multiple occasions after this, but apparently no one…

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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

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 influence and possession of illegal drugs. He was granted three years' probation. In December 2012, his motion to transfer jurisdiction of his case to Riverside County was granted (Pen. Code, § 1203.9). In January 2015, he filed a Proposition 47 petition to reduce his drug conviction to a misdemeanor in Riverside County (Pen. Code, § 1170.18, subd. (a)). He told…

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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

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 to extort money from the man, claiming the truck was in Mara Salvatrucha gang territory and therefore owed the gang "rent." When the worker refused, Ochoa left. Five minutes later he returned and, without any exchange of words, shot another food truck worker, Martinez, in the face. Ochoa was charged with premeditated attempted murder (count 1) and attempted extortion (count…

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