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Name: People v. Thomas
Case #: S185305
Court: CA Supreme Court
District CalSup
Opinion Date: 05/03/2012

Venue is proper in the county where defendant lived and sold drugs even though his inventory of drugs and his gun were located in a neighboring county. Appellant was charged in Madera County with possession of cocaine for sale and possession of a gun by a felon. Appellant filed a motion to dismiss the complaint based on improper venue because the drugs and firearm were located in Fresno County. That motion, as well as a subsequent Penal Code section 995 motion, were denied. Appellant was convicted and sentenced to 33 years to life in prison. The Court of Appeal reversed,…

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Name: People v. Leiva
Case #: B214397
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 03/01/2011
Subsequent History: 6/15/11 rev. granted (S192176)

A summary revocation of probation suspends the running of the probation term in all cases not only in those cases in which it is subsequently proven that a probationer violated the terms of probation during the original probationary term. In April 2000, the court placed appellant on probation for three years. This case involves the tolling provision in Penal Code section 1203.2, subdivision (a), which states in pertinent part, "The revocation, summary or otherwise, shall serve to toll the running of the probationary period." In 2001, the court summarily revoked probation because appellant failed to report to…

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Name: People v. Nesbitt
Case #: B218373
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 12/22/2010

Whether the trial court has jurisdiction to reconsider an order dismissing a count in the information depends on whether the order is a final or an interim order. At the commencement of trial on six counts of sexual abuse, appellant brought a motion to dismiss some counts, arguing the counts were time-barred and the statue of limitations was not otherwise extended. The court indicated its intention to dismiss two counts and the minute order reflected the counts were dismissed pursuant to Penal Code section 1385. The following day, the prosecutor, providing the court with additional authority, moved to…

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Name: People v. Zarazua
Case #: C062268
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/30/2009

An appellate court has jurisdiction to determine whether a notice of appeal has been constructively filed and said jurisdiction may be invoked either by motion or by petition for writ of habeas corpus. Five months after being sentenced to state prison, appellant filed a pro se motion in the appellate court for constructive filing of the notice of appeal. Accompanying the motion was appellant's declaration to the effect that trial counsel had led him to believe the notice would be timely filed, but had then failed to file it. The notice was served on the Attorney General on June 24,…

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Name: People v. Burton
Case #: A122183
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 08/31/2009

The trial court retained jurisdiction to revoke probation after expiration of the probation term. The trial court summarily revoked Burton's probation on the basis of a violation that the prosecution later failed to prove. While the first petition was pending, Burton was charged with a second violation. After his probation term expired, the trial court found that he had committed the second violation and imposed his previously stayed prison sentence. On appeal, Burton contended that the trial court did not have jurisdiction to revoke his probation because the first probation violation was unproved and therefore did not toll his probation…

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Name: People v. Turrin
Case #: C059722
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/20/2009

Absent a qualifying exception, the trial court loses jurisdiction to resentence a criminal defendant after execution of sentence has begun. This includes modifying defendant's restitution fines. Appellant was sentenced to state prison, with the minute order remanding him to custody of the sheriff forthwith. Ten months later, while serving his prison sentence, appellant filed a pro per motion in the trial court requesting reduction of the imposed restitution fines, claiming an inability to pay. The motion was dismissed and appellant appealed. The Court of Appeal noted that absent the following exceptions, the trial court loses jurisdiction to modify a…

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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. Vasilyan
Case #: B205679
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 05/28/2009

A judgment that is void for lack of subject matter jurisdiction, such as when a defendant is convicted of a crime that does not exist, is subject to collateral attack. For a court in California to have jurisdiction in a criminal case it must have jurisdiction over the person and the subject matter, with subject matter jurisdiction being predicated on the offense. In 1994, appellant, a lawful permanent resident, pled no contest to two of the three charged counts of Penal Code section 422.7 and was placed on probation. The action stemmed from an attack by appellant and…

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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: In re Jose C.
Case #: S158043
Court: CA Supreme Court
District CalSup
Opinion Date: 01/02/2009

Under Welfare and Institutions Code section 602, a state court has jurisdiction to declare a juvenile a ward of the court on the basis of the juvenile's violation of federal immigration law. In 2006, Jose C., a minor, was apprehended by U.S. Border Patrol agents at the border as he assisted others to illegally enter the United States. The Imperial County District Attorney filed a juvenile wardship petition pursuant to Welfare and Institutions Code section 602, alleging one count of illegally bringing aliens into the United States. Counsel for Jose C. objected on the grounds that the juvenile court lacked…

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