Statutory Construction

Name: In re Black
Case #: A094946
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 09/05/2002
Subsequent History: Rev. granted 12/18/02: S110683
  • Categories: Credits, Legislation, Sentencing, Statutory Construction

Black was convicted of a violent felony in 1996 and sentenced to five years in state prison, with his credits limited to 15 percent pursuant to Penal Code section 2933.1, subdivision (a). In 1999, he was convicted of possession of…

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Name: People v. Superior Court (Blanquel)
Case #: G027134
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 12/19/2000
Subsequent History: None
  • Categories: Areas Constitutional Law, Due Process, Ex Post facto, Legislation, Sentencing, Statutory Construction

The failure to include the predecessor statutes, Vehicle Code sections 23175 and 23175.5, in Vehicle Code section 23550.5, which defines the punishment for drunk driving with a prior drunk driving conviction under 23152, was mere scrivener's error and does not…

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Name: People v. Mower
Case #: F030690
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 12/06/2000
Subsequent History: Review Granted March 14, 2001 (S094490)
  • Categories: By CALJIC Number, Defenses, General Principles, Immunity, Jury Instructions, Legislation, Prop 215 (medical use of marijuana), Statutory Construction, Trial Proceedings, Verdict

In this marijuana possession and cultivation case, the appellate court held it was not error for the trial court to fail to instruct, sua sponte, on the primary caregiver defense, because the defense was not supported by substantial evidence. While…

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Name: People v. Drennan
Case #: C033959
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/27/2000
Subsequent History: None
  • Categories: Legislation, Statutory Construction

Drennan, the superintendent of the Modoc School District, was convicted of violating Penal Code section 632, subdivision (a), (intentional eavesdropping or recording a confidential communication), for installing a hidden video camera, which took still pictures, in the office of the…

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Name: People v. Baniqued
Case #: C031869
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/29/2000
Subsequent History: None
  • Categories: Legislation, Statutory Construction

A rooster or other bird falls within the statutory definition of "every dumb creature" and therefore qualifies as an animal for purposes of the animal cruelty statutes described by Penal Code section 597, subdivisions (a) and (b). The statutory language…

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Name: People v. Farrell
Case #: H019633
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 08/31/2000
Subsequent History: Review granted 12/13/00 (S092183)
  • Categories: Legislation, Statutory Construction

Review granted on this case. Penal Code section 1203.044, which mandates a minimum term of 90 days in the county jail as a condition of probation for a defendant convicted of felony theft in excess of $50,000, does not apply…

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Name: People v. Wutzke
Case #: D033221
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 09/01/2000
Subsequent History: Review granted 12/20/00 (S092179)
  • Categories: Legislation, Probation, Probation / Parole / PRCS, Statutory Construction

Review granted on this case. Remand for resentencing was required where the trial court was under the mistaken belief that appellant was ineligible for probation because he was not a "relative" as described by Penal Code Section 1203.066. A jury…

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Name: People v. Superior Court (Jefferson)
Case #: E030590
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 04/09/2002
Subsequent History: None
  • Categories: Drug Treatment, Legislation, Sentencing, Statutory Construction

Jefferson was charged with possession of methamphetamine with two prior robbery strikes in 1984 and 1985. He entered into a negotiated plea agreement and was sentenced to a drug treatment program under Proposition 36. The prosecutor appealed, arguing that the…

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Name: People v. Chenze
Case #: G027398
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 03/14/2002
Subsequent History: Rehg. denied 4/8/02. Rev. & depublication request denied 6/12/02.
  • Categories: Crimes, Crimes Against the Person, General vs Specific, Legislation, Statutory Construction

Chenze was convicted of a felony for battery on a custodial officer under Penal Code section 243.1. On appeal, he argued that section 243.1 was impliedly repealed by an amendement to section 243 which provides that battery on a custodial…

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Name: Smith v. Santa Rosa Police Dept
Case #: A095040
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 04/09/2002
Subsequent History: None
  • Categories: All Other Crimes, Crimes, Legislation, Statutory Construction

Vehicle Code section 14602.6 provides for the seizure and impound for 30 days of a vehicle driven by a driver who is unlicensed or has had his driving privileges suspended. Section 14602.6 subdivision (b) provides for early release of the…

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