Statutory Construction

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

Summary

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: People v. Morgan
Case #: D080016
Opinion Date: 01/20/2023
  • Categories: Crimes, Enhancements, Legislation, Sentencing, Statutory Construction, Vehicle Code Violations

Summary

Trial court erred in concluding defendant’s driving under the influence (DUI) charges could be elevated to felonies where defendant had not suffered a qualifying sentence-enhancing prior conviction listed in Vehicle Code section 23550.5, subdivision (b). Under Vehicle Code section 23550.5,…

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Name: Smith v. LoanMe
Case #: S260391
Opinion Date: 04/01/2021
  • Categories: Crimes, Elements of Crimes, Legislation, Statutory Construction

Summary

Opinion By: Chief Justice Cantil-Sakauye (unanimous decision) Penal Code section 632.7 prohibits parties as well as nonparties from intentionally recording a communication transmitted between a cellular or cordless phone and another device without the consent of all parties to the…

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Name: People v. Chubback
Case #: E071274
Opinion Date: 12/11/2019
  • Categories: Crimes, Crimes Against Property, Elements of Crimes, Legislation, Statutory Construction

Summary

Defendant's driving of a motorized device designed to move shipping containers and used within a storage yard qualified as vehicle driving and taking under Vehicle Code section 10851. Police responded to a report of an unauthorized individual driving a motorized…

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Name: Aslam v. Superior Court
Case #: A156628
Opinion Date: 11/08/2019
  • Categories: Areas Constitutional Law, Double Jeopardy, General vs Specific, Legislation, Motion Attacking, Motions Dismiss/Strike, Pleadings, Pretrial Motions, Statutory Construction

Summary

Following defendant's successful post-trial Williamson motion to vacate his Penal Code section 115 conviction, prosecution under the more specific statute (Veh. Code, § 20) does not violate double jeopardy even though defendant was acquitted of a separate perjury count. Aslam…

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Name: People v. Schmidt
Case #: C082057
Opinion Date: 11/08/2019
  • Categories: Evidence, Insufficiency/Sufficiency of, Legislation, Statutory Construction

Summary

Convictions for filing false documents (Pen. Code, § 115) reversed where the quitclaim deeds, although induced by false pretenses, were not false or forged within the meaning of the statute. Defendant suffered numerous convictions based on his operation of a…

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Name: People v. Aguilar
Case #: B291637
Opinion Date: 11/07/2019
  • Categories: Evidence, General Principles, Insufficiency/Sufficiency of, Jury Instructions, Legislation, Statutory Construction

Summary

Force used in sexual penetration includes circumstances where the victim struggles to push aggressor away. Aguilar lived with his mother, his mother's boyfriend, and his mother's boyfriend's minor daughter A.R. When A.R. was about 13 years old, Aguilar touched her…

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Name: People v. Lucero
Case #: C077666
Opinion Date: 10/29/2019
  • Categories: Crimes, Elements of Crimes, General vs Specific, Legislation, Statutory Construction

Summary

The preparation of declarations containing false statements to be used to obtain injunctive relief constituted the offense of preparing false evidence in violation of Penal Code section 134. Defendant Lucero was convicted of preparing false evidence in the form of…

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