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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. 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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Name: People v. Scarbrough
Case #: C075414
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 09/29/2015

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 controlled substance and was placed on probation. While on probation, she pled no contest to felony child endangerment and admitted probation violations. The trial court revoked probation and sentenced her to prison in 2013. She appealed. Following the passage of Proposition 47 in 2014, Scarbrough filed a petition in the trial court for resentencing of her felony drug possession convictions…

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Name: Swarthout v. Superior Court (Los Angeles)
Case #: B241132
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 08/16/2012

Trial court has no authority, statutory or common law, to order transfer of a state prison inmate for investigative purposes. Inmate J.T., who was serving a state prison sentence for murder, was sought by the Culver City Police Department for a criminal investigation. The city obtained a court order for the temporary transfer of J.T. Warden Swarthout and the Attorney General opposed the transfer, and requested reconsideration of the order. After reviewing a sealed affidavit, the court again ordered the temporary transfer. The Court of Appeal issued a writ of mandate directing the trial court to vacate its order.…

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Name: People v. Traylor
Case #: S157820
Court: CA Supreme Court
District CalSup
Opinion Date: 07/13/2009

Under Penal Code section 1387, subdivision (a), prior dismissal of a felony complaint does not bar prosecution for the same conduct as a misdemeanor where the lesser misdemeanor charge lacks elements essential to the felony. Appellant was initially charged by complaint with felony manslaughter. The nine-year-old victim had been operating a motorcycle on a narrow, winding and undulating country road when he was struck by a vehicle driven by appellant and died soon after. At the preliminary hearing, it was established that neither speed nor alcohol was a factor in the collision but that appellant may have been driving…

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Name: People v. Maldonado
Case #: H031506
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 03/16/2009

The court had jurisdiction where the parties stipulated to the complaint being deemed an information. In his appeal from convictions for controlled substance offenses, appellant contended that the court had no jurisdiction to try him because the prosecutor had failed to file an information. (The parties had stipulated that the complaint could be deemed an information.) The appellate court rejected the argument. The judge here presided over the preliminary hearing and held appellant to answer. By stipulating to deem the complaint to be the same as the information, the parties did not attempt to confer jurisdiction by stipulation, but only…

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Name: People v. Lazarevich
Case #: H026467
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 10/18/2004
Subsequent History: Rev. den. 2/23/05

The state of California may assert jurisdiction over a parent who violated a state custody order by taking the children to a foreign country. The defendant was convicted in California of two counts of withholding a minor child and maliciously depriving the lawful custodian of her right to custody, in violation of Penal Code section 278.5. The defendant and his wife were divorced in California. Following a scheduled visit in 1989, he failed to return the children to their mother in Los Angeles as agreed, and instead took them to Yugoslavia where they remained until the children…

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Name: People v. Howze
Case #: B134049
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 01/08/2001
Subsequent History: Modification of opinion on denial of rehearing 86 Cal.App.4th 839c; review denied 4/25/01

Applying the doctrine of estoppel, the Court of Appeal held that appellant's state and federal constitutional rights were not violated, and the court did not act in excess of its jurisdiction under Penal Code section 1043, when it commenced trial in appellant's absence. Here, the appellate court found that appellant consented to commencing trial in his absence, and that his absence was occasioned by his own deliberate conduct. While the consent was not in strict compliance with the statutory requirement that it be in writing, appellant failed to show any prejudice resulting from that error. The appellate…

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