Legislation

Name: People v. Lashon (2023) 95 Cal.App.5th 136
Case #: A163074
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 09/01/2023
  • Categories: Appeals, Direct Appeal, Legislation, Racial Justice Act (RJA), Statutory Construction

A defendant cannot raise a claim under the Racial Justice Act (RJA) for the first time on appeal (but see Editor's Note on pending legislation). Lashon was conviction of second degree and first degree murder, with true findings of multiple…

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Name: People v. Gaines (2023) 93 Cal.App.5th 91 (and People v. Ross)
Case #: F083168, F083228
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 06/15/2023
Subsequent History: Ordered published 7/5/2023
  • Categories: Accomplices, Crimes, Evidence, Insufficiency/Sufficiency of, Legislation, Statutory Construction

The offenses of discharging a firearm from a vehicle, and permitting another person to discharge a firearm from a vehicle, do not require that the shooter be inside the vehicle at the time of the shooting. At a store, Gaines…

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Name: People v. Jackson (2023) 93 Cal.App.5th 207
Case #: A164649
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 07/06/2023
  • Categories: AB 1950, Legislation, Probation / Parole / PRCS, Retroactivity/Abatement

Trial court had no jurisdiction to find a violation of probation because, due to Assembly Bill No. 1950’s retroactive change to Penal Code section 1203.1, defendant’s probationary term had expired before the misconduct occurred. In January 2017, defendant entered a plea…

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Name: People v. Sherman (2023) 91 Cal.App.5th 325
Case #: D080241
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/09/2023
  • Categories: Enactment/Repeal, Legislation

Resentencing for consideration of military service under Penal Code section 1170.91 does not apply to defendants convicted of super-strike offenses or offenses requiring registration as a sex offender, including cases pending on appeal when this limitation went into effect. In…

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Name: People v. Coulthard (2023) 90 Cal.App.5th 743
Case #: H049755
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 03/30/2023
Subsequent History: Ordered published 04/19/2023
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Crimes, Due Process, Elements of Crimes, Ex Post Facto, Legislation, Present a Defense, Statutory Construction, Supremacy Clause

To convict defendant of child abduction, the prosecution was not required to prove that the foreign court order or child custody order used to prove defendant’s guilt had previously been registered in California. Defendant’s daughter, M.C., lived with her mother…

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Name: People v. Ramos (2023) 90 Cal.App.5th 578
Case #: D074429
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 04/13/2023
  • Categories: Admitting/Excluding, Evidence, Gang Affiliation, Legislation, Retroactivity/Abatement

Evidence Code section 352.2 (added by Assembly Bill No. 2799 and effective 1/1/2023), which creates specific rules that the trial court must follow in deciding whether to admit evidence of “a form of creative expression” in a criminal trial, does…

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Name: People v. Middleton (2023) 91 Cal.App.5th 749
Case #: B312583
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 05/18/2023
  • Categories: Attempts, Crimes, Elements of Crimes, Legislation, Mens Rea, Statutory Construction

A defendant violates Penal Code section 236.1(c) when the defendant attempts, but fails, to traffic an actual minor, even if the defendant lacks specific intent regarding the victim’s age, and mistake of fact as to age is not a defense.…

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Name: People v. Tice (2023) 89 Cal.App.5th 246
Case #: E077504
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 03/14/2023
  • Categories: Crimes, Elements of Crimes, Legislation, Statutory Construction

A person employed by the county to work within a county jail is an “employee of the local detention facility” within the meaning of the gassing statute (Pen. Code, § 243.9(a)). Defendant was convicted of multiple counts based on incidents…

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Name: In re S.S. (2023) 89 Cal.App.5th 1277
Case #: C097055
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/30/2023
  • Categories: Delinquency (602), Fitness Hearing, Legislation, Retroactivity/Abatement

Minor is entitled to a new transfer/amenability hearing under the current version of Welfare and Institutions Code section 707, which was significantly amended by Assembly Bill No. 2361 (effective 1/1/2023). Following a hearing to transfer S.S. to a court of…

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Name: In re E.P. (2023) 89 Cal.App.5th 409
Case #: B319738
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 03/17/2023
  • Categories: Delinquency (602), Fitness Hearing, Legislation, Retroactivity/Abatement

Remand for a new fitness hearing was warranted due to significant changes made to Welfare and Institutions Code section 707 by Assembly Bill No. 2361 (effective 1/1/2023). Following a fitness hearing for a delinquency case involving murder and attempted murder…

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