Statutory Construction

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 On appeal, he argued that section 243.1 was impliedly repealed by an amendement to section 243 which provides that battery on a custodial…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: People v. Montes
Case #: C036904
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/27/2002
Subsequent History: Rev. granted 6/12/02: S105781.
  • Categories: Gangs (adult sentencing only), Legislation, Sentencing, Statutory Construction

Appellant was convicted of attempted second degree murder, and several enhancements for use of a firearm, great bodily injury, and for participation in a street gang. He was sentenced to seven years for attempted murder, a consecutive term of ten…

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Name: People v. Robles
Case #: S069306
Court: CA Supreme Court
District CalSup
Opinion Date: 08/14/2000
Subsequent History: None
  • Categories: Gangs (adult sentencing only), Legislation, Sentencing, Statutory Construction

Penal Code section 12031, subdivision (a)(2)(C) elevates the offense of carrying a loaded firearm in public from a misdemeanor to a felony when committed by an "active participant in a criminal street gang as defined in" Penal Code section 186.22,…

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Name: People v. Ferris
Case #: D033181
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 04/11/2000
Subsequent History: Review denied 11/15/00
  • Categories: Appeals, Legislation, Restitution, Scope of Review, Sentencing, Statutory Construction

Where appellant was tried on two separate informations in one trial, the trial court erred in imposing two separate Penal Code section 1202.4, subdivision (b), and two separate section 1202.45 restitution fines. Relying on People v. McNeely (1994) 28 Cal.App.4th…

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Name: People v. Mendoza
Case #: S067104
Court: CA Supreme Court
District CalSup
Opinion Date: 07/31/2000
Subsequent History: Rehearing denied 9/13/00
  • Categories: Areas Constitutional Law, By CALJIC Number, Challenges for Cause, Choice of Counsel, Crimes, Crimes Against Property, Crimes Against the Person, Defenses, Drug Treatment, Due Process, Entrapment, Evidence, Expert Witness, General Principles, Ineff. Assist. Counsel (IAC), Jury Instructions, Jury Peremp/Wheeler, Legislation, Marsden, Motion for Acquittal, Preliminary Hearings, Pretrial Motions, Probable Cause, Right to Counsel, Scope of Right, Sentencing, Severance/Consolidation, Statutory Construction, Trial Proceedings

Mendoza and his codefendant, Valle, were charged with murder committed during the course of a robbery, in violation of Penal Code section 189. The defendants were also charged with the robbery, and a special circumstance that the murder was committed…

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Name: People v. Mason
Case #: D035933
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/15/2002
Subsequent History: Rev. denied 5/1/02.
  • Categories: Enhancements, Legislation, Sentencing, Statutory Construction

Appellant was convicted of murder, robbery, and attempted robbery. The trial court imposed a total of seven separate 25-year-to-life enhancements against appellant pursuant to 12022.53, subdivision (d) for the discharge of a firearm during the offenses resulting in great bodily…

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Name: People v. Valencia
Case #: B134135
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 07/07/2000
Subsequent History: Review denied 11/1/00
  • Categories: Enhancements, Legislation, Sentencing, Statutory Construction

A Penal Code section 12022.53 enhancement for personally discharging a firearm which caused death may be added to a second degree murder sentence even though the homicide occurred in 1998. Just because Penal Code section 12022.7 does not apply to…

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Name: People v. Van Buren
Case #: B144839
District 2 DCA
Division: 6
Opinion Date: 11/07/2001
Subsequent History: Rev. denied 1/23/02.
  • Categories: Credits, Guilty Pleas, Legislation, Pleas, Sentencing, Statutory Construction

The 15 percent limitation on credits under Penal Code section 2933.1, for persons convicted of violent felonies as defined by section 667.5, includes the felonies which have been added by amendment to section 667.5, not just those in the version…

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Name: People v. Winters
Case #: D036533
District 4 DCA
Division: 1
Opinion Date: 10/26/2001
Subsequent History: Rev. denied 1/23/02.
  • Categories: Legislation, Priors, Sentencing, Statutory Construction

Under Proposition 21, a prior conviction under Penal Code section 245, subdivision (a)(1) for an assault not involving a deadly weapon or a firearm, or an assault on a peace officer or firefighter is not a serious felony under Penal…

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Name: People v. Truong
Case #: A091063
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 07/18/2001
Subsequent History: None
  • Categories: Areas Constitutional Law, Due Process, Enhancements, Legislation, Sentencing, Statutory Construction

Penal Code section 12022.7, subdivision (d), which provides that anyone who inflicts great bodily injury under circumstances involving domestic violence shall be punished by an additional term of three, four, or five years in state prison, is not unconstitutionally vague.…

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