Statutory Construction

Name: People v. Futrell
Case #: D039474
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/09/2003
Subsequent History: Depublished 3/24/04
  • Categories: By CALJIC Number, General Principles, Jury Instructions, Legislation, Statutory Construction

A jury convicted appellant of pimping, in violation of Penal Code section 266h. On appeal, he argued that the trial court erred when it failed to instruct the jury on the lesser included misdemeanor offense of aiding a prostitute, in…

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Name: People v. Gonzales
Case #: H025035
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 12/17/2003
Subsequent History: Rev. den. 3/17/04
  • Categories: Crimes, Elements of Crimes, Legislation, Statutory Construction

Sufficient evidence supported the defendant’s convictions for robbery and impersonating a public officer. Defendant was convicted of these offenses in connection with two incidents in which he and another man approached people whose cars had broken down, demanding to see…

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Name: People v. Luna
Case #: B164536
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 11/17/2003
Subsequent History: None
  • Categories: Legislation, Prop 21 - Gang Violence, Sentencing, Statutory Construction

The March 7, 2000, adoption of Proposition 21 modified the decision in People v. Rodriquez (1998) 17 Cal.4th 253, which previously held that an abstract of judgment showing simply a conviction for violation of Penal Code section 245, subdivision (a)(1)…

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Name: People v. Deguzman
Case #: H025310
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 11/20/2003
Subsequent History: None
  • Categories: Crimes, Elements of Crimes, Legislation, Statutory Construction

An ambiguity in both Penal Code section 12303.2 (possession of any explosive in a public location) and section 12303.3 (possession of any explosive with intent to injure) did not require dismissal of all but one count of each crime (where…

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Name: People v. Guzman
Case #: H024003
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 08/08/2003
Subsequent History: Rev. granted 11/12/03: S119129
  • Categories: Areas Constitutional Law, Drug Treatment, Equal Protection, Legislation, Sentencing, Statutory Construction

Appellant committed a nonviolent drug possession offense (NVDPO) while on probation for a nonviolent nonserious felony offense and a misdemeanor offense. His motion for drug treatment under Proposition 36 was denied, and he appealed. The appellate court found that Proposition…

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Name: People v. Cockburn
Case #: C038058
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/17/2003
Subsequent History: Rehrg. den. 7/14/03
  • Categories: Crimes, Crimes Against the Person, Legislation, Motion Attacking, Pleadings, Statutory Construction

Appellant was convicted of multiple offenses arising from the kidnap and assault of a minor. One of the convictions was for a violation of Penal Code section 273a, felony child abuse. On appeal, appellant argued that prosecution under the general…

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Name: People v. Hillhouse
Case #: G030277
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/27/2003
Subsequent History: None
  • Categories: Crimes, Crimes Against the Person, Legislation, Statutory Construction

Appellant was charged with numerous sexual offenses against a person incapable of giving legal consent because of a mental disorder or developmental disability, in violation of Penal Code sections 288a, subdivision (g) and 289, subdivision (b). The victim was a…

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Name: In re Johnny O.
Case #: E031600
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 04/08/2003
Subsequent History: None
  • Categories: All Other Crimes, Crimes, Legislation, Statutory Construction

Appellant, a minor, was found in violation of the conditions of his probation for possessing two bongs, which he admitted he used to smoke marijuana. The bongs tested positive for cannabinoids, compounds containing THC. Here, the appellate court reversed the…

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Name: People v. Deporceri
Case #: H023851
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 01/13/2003
Subsequent History: Rev. denied 4/16/03.
  • Categories: Legislation, Motions Dismiss/Strike, Pretrial Motions, Statutory Construction

Assault with intent to commit lewd touching, in violation of Penal Code section 220, qualifies as a "strike" under the three strikes law. Since a lewd or lascivious act on a child under 14 is a serious felony, "any attempt"…

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