Statutory Construction

Name: Albertson v. Superior Court
Case #: S085899
Court: CA Supreme Court
District CalSup
Opinion Date: 06/04/2001
Subsequent History: None
  • Categories: Civil Commitments, Legislation, Statutory Construction, SVP

SVPA case. In a prosecution under the Sexually Violent Predators Act (SVPA), the district attorney obtained an order requiring petitioner to undergo updated mental health evaluations, and granting the district attorney access to petitioner's treatment records. The Court of Appeal…

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Name: People v. Garrett
Case #: H021589
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 10/23/2001
Subsequent History: Rev. denied 1/29/02.
  • Categories: Legislation, Prop 21 - Gang Violence, Sentencing, Statutory Construction

Appellant pleaded guilty to a residential burglary and two other offenses occurring in 1998. The court found true five "strikes" priors, and appellant was sentenced to 25 years to life, in May of 2000, after the passage of Proposition 21.…

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Name: People v. Jones
Case #: S072071
Court: CA Supreme Court
District CalSup
Opinion Date: 03/15/2001
Subsequent History: None
  • Categories: Enhancements, Legislation, One Strike Priors, Sentencing, Statutory Construction

The use of a deadly weapon after the completion of sexual offenses occurred "in the commission of" such offenses, within the meaning of Penal Code sections 12022.3, subdivision (a) and 667.61, subdivision (e)(4), if the offenses posed a greater threat…

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Name: People v. Atkins
Case #: S082662
Court: CA Supreme Court
District CalSup
Opinion Date: 03/12/2001
Subsequent History: None
  • Categories: Defenses, Legislation, Mental, Statutory Construction

Evidence of voluntary intoxication is not admissible under Penal Code section 22 on the issue of whether a defendant formed the required mental state for arson. Arson is a general intent crime, and evidence of voluntary intoxication is inadmissible to…

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Name: People v. Munoz
Case #: B136458
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 02/26/2001
Subsequent History: Rev. den. 5/23/01
  • Categories: Legislation, Statutory Construction

Penal Code section 629.50 permits an application for a wiretap order to be approved by a second judge designated by the presiding judge where the first designated judge was unavailable. Therefore, where a written application for a wiretap application could…

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Name: People v. Burgess
Case #: C032143
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/01/2001
Subsequent History: Rev. granted 5/23/01 (S096583); further action deferred pending disposition in People v. Cooper (S092882)
  • Categories: Credits, Legislation, Sentencing, Statutory Construction

Editor's Note: Review granted. The trial court did not err when it imposed the 15 percent limitation on defendant's presentence custody credits pursuant to Penal Code section 2933.1 upon appellant's sentence for first degree murder. Appellant had argued that enactment…

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Name: In re Michele D.
Case #: B143803
District 2 DCA
Division: 2
Opinion Date: 09/26/2001
Subsequent History: Rev. granted 12/12/01.
  • Categories: Crimes, Crimes Against the Person, Legislation, Statutory Construction

Abduction of a non-resisting infant or child without the knowledge or permission of the parent constitutes kidnapping. The fact that "force" was not utilized does not alter this conclusion. Therefore, where appellant took a friend’s baby, pushing him in a…

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Name: People v. Palmer
Case #: B140436
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 01/22/2001
Subsequent History: Review denied 4/18/01
  • Categories: Legislation, Statutory Construction

The trial court erred here in sentencing appellant under the "one strike" law based on appellant's conviction of Penal Code section 288.5, continuous sexual abuse of a child, because that offense is not one of the enumerated sexual offenses set…

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Name: People v. Perez
Case #: F032957
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 01/29/2001
Subsequent History: Review denied 5/16/01
  • Categories: Legislation, Statutory Construction

The court properly imposed two sentence enhancements under Penal Code section 12022.53 for the two victims shot by appellant. Under the plain meaning rule of statutory construction, section 12022.53 presents no ambiguity as to the Legislature's intent to apply a…

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Name: People v. Andreotti
Case #: C034072
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/29/2001
Subsequent History: Mod. on Denial of Rehg. September 26, 2001; Rev. Denied December 12, 2001
  • Categories: Areas Constitutional Law, Diversion, Legislation, Pretrial Motions, Separation of Powers, Statutory Construction

State statutes which permit deferred entry of judgment for specified offenders preclude judges from deferring entry of judgment for child molesters absent the prosecutor's consent. Therefore, the trial court properly declined to grant appellant's request for deferred entry of judgment…

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