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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: U.S. v. Reves
Case #: 13-15845
Court: US Court of Appeals
District 9 Cir
Opinion Date: 12/15/2014

Federal district court lacked jurisdiction to consider motion to vacate sentence where defendant's probation term expired on a Sunday and he filed his motion the next day, because he was no longer "in custody." Reves and defendant Bedford appealed the federal district court's denial of their motions to vacate their sentences (28 U.S.C. § 2255). Their convictions stemmed from an FBI investigation into allegedly corrupt practices by San Joaquin County government officials related to contract awards. After full or partial reversals of the convictions of several of their codefendants, Reves and Bedford sought to have their convictions set aside. Held:…

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Name: People v. Espinosa
Case #: B249493
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 09/25/2014

Trial court lacked jurisdiction to modify first degree murder conviction to second degree murder and to resentence defendant because a notice of appeal had been filed. A jury found defendant guilty of first degree murder for the stabbing death of his mother's boyfriend. He was sentenced to 25 years to life plus one year for the knife use. He filed a notice of appeal. At a victim restitution hearing several weeks after sentencing, the court stated its inclination to reduce the offense to second degree murder and solicited a motion from the defense. The defense moved to reduce the offense…

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Name: People v. Aguilar
Case #: B252036
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 06/18/2014

Felon who had fully served his state sentence and was in federal custody facing deportation was unable to vacate plea based on ineffective assistance of counsel (IAC) because all potential remedies were unavailable. Aguilar, a lawful resident alien, pled nolo contendere to illegal possession of a gun in 2005. He completed his one day in custody and three years' probation. He was later taken into federal custody to face deportation because of the conviction. He filed a motion in state court to vacate the plea based on IAC because his attorney failed to advise him of the immigration consequences of…

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Name: People v. Arroyo
Case #: G048659
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 04/28/2014
Subsequent History: Review granted 7/23/14: S219178

Prosecution of 14-year-old defendant in adult court may proceed via grand jury indictment. The Orange County Grand Jury issued an indictment that charged Arroyo and others with conspiracy to commit murder for the benefit of a gang and other offenses. (Pen. Code, §§ 187/182/186.22, subds. (a) & (b).) The indictment included a finding Arroyo was 14 years of age or older and the conspiracy offense came within Welfare and Institutions Code section 707, subdivision (d)(2). Arroyo demurred to the indictment, claiming section 707, subdivision (d) requires prosecution to proceed via preliminary hearing and information. The demurrer was sustained and the…

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Name: People v. Scott
Case #: H037681
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 11/14/2013

Where the prosecution successfully moves to dismiss the only felony charged in an information and files a misdemeanor complaint, the appellate department of the superior court has jurisdiction over the appeal. After a preliminary hearing, Scott was held to answer on a felony robbery charge. The prosecution subsequently filed an information with the robbery charge and misdemeanor charges of grand theft, disturbing the peace, and battery. Thereafter the prosecution moved to dismiss the robbery for insufficient evidence. Scott pled not guilty to the misdemeanor charges. On the day set for trial the prosecution filed a "First Amended" misdemeanor complaint, charging…

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Name: People v. Ford
Case #: A135733
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 07/17/2013
Subsequent History: Review granted 10/23/2013: S212940

A trial court retains jurisdiction to order victim restitution even after a defendant's probation term has expired. Defendant was convicted of leaving the scene of an accident in which the victim was severely injured. He was placed on probation for three years; the court retained jurisdiction over victim restitution. After the probation department notified Ford he owed the victim substantial restitution, he requested a hearing. The hearing was continued several times, finally occurring during three hearings in early 2012. At the third hearing, appellant claimed the trial court lack jurisdiction to order restitution because his probation term had by then…

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Name: Fortner v. Superior Court (Monterey County)
Case #: H038353
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 07/17/2013

Trial court lacked territorial jurisdiction over domestic violence offense committed in Hawaii against a victim who was subsequently battered in California. In early 2010, Fortner and Doe, who lived together, argued about Fortner's past use of prostitutes. In April 2010, they went to Hawaii, where they again argued about the prostitutes. Fortner hit Doe in the face, causing an eye injury. After they returned to California, Doe sought medical help for the injury. In November 2011, Fortner again battered Doe. He was charged with numerous crimes arising from this incident and two counts based on the April 2010 Hawaii…

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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: Gomez v. Superior Court (Felker)
Case #: S179176
Court: CA Supreme Court
District CalSup
Opinion Date: 06/18/2012

Code of Civil Procedure section 259, subdivision (a) authorizes a court commissioner to determine ex parte writ petitions; the statute is constitutional. Two inmates filed petitions for writ of mandate seeking an order directing the prison to process administrative appeals of grievances. A court commissioner denied the petitions. In the Court of Appeal, the inmates challenged the commissioner's jurisdiction and the court concluded that the commissioner had authority to deny the petitions. The California Supreme Court affirmed. The plain language of Code of Civil Procedure section 259, subdivision (a) authorizes court commissioners to grant or deny ex parte petitions for…

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