Statutory Construction

Name: People v. Chubback
Case #: E071274
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 12/11/2019
  • Categories: Crimes, Crimes Against Property, Elements of Crimes, Legislation, Statutory Construction

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
Court: CA Court of Appeal
District 1 DCA
Division: 4
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

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
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/08/2019
  • Categories: Evidence, Insufficiency/Sufficiency of, Legislation, Statutory Construction

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. Guzman
Case #: S242244
Court: CA Supreme Court
District CalSup
Opinion Date: 12/05/2019
  • Categories: Admitting/Excluding, Evidence, Legislation, Statutory Construction

The exclusionary remedy set forth in Penal Code section 632, subdivision (d) was superseded by Proposition 8, and did not render the secret recording of a witness inadmissible at defendant's criminal trial. Defendant was charged with two counts of committing…

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Name: People v. Vital
Case #: B288533
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 10/03/2019
  • Categories: By CALCRIM Number, Crimes, Elements of Crimes, General Principles, Jury Instructions, Legislation, Statutory Construction

Judgment reversed where jury was improperly instructed that aider and abettor to violations of Penal Code section 288.7, subdivision (b) had to be at least 18 years old and was not instructed that direct perpetrator must satisfy age requirement. In…

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Name: People v. McCann
Case #: A156467
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 10/16/2019
  • Categories: Crimes, Elements of Crimes, Legislation, Motions Dismiss/Strike, Pretrial Motions, Statutory Construction

Trial court erred in dismissing forcible sexual penetration count in information where it relied on the wrong standard of force in deciding whether there was sufficient evidence to support the charge. McCann was charged with forcible sexual penetration by a…

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Name: People v. Torres
Case #: B290895
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 09/10/2019
  • Categories: Diversion - Mental Health, Legislation, Pretrial Motions, Statutory Construction

Mental health diversion statute cannot be applied on appeal after conviction and sentence. After his wife was treated for brain and lung cancer, defendant engaged in a "reign of cruelty" against her, repeatedly pinning her down while covering her face…

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Name: People v. Bay
Case #: A154498
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 09/20/2019
  • Categories: Evidence, General Principles, Insufficiency/Sufficiency of, Jury Instructions, Legislation, Statutory Construction

As the result of a drafting error, the statute prohibiting possession of burglary tools makes it appear to require actual possession of the prohibited items, but the statute should be construed to encompass constructive possession as well. A jury convicted…

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Name: People v. Keo
Case #: B286844
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 09/23/2019
  • Categories: Areas Constitutional Law, Due Process, Government Agent Elicits, Interrogations & Confessions, Legislation, Miranda v. Arizona, Misc, Right to Counsel, Statutory Construction

No Miranda warning was required where defendant made incriminating statements to a social worker who was conducting a dependency investigation because social workers are not law enforcement officers. Defendant was convicted of criminal threats and the second degree murder of…

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Name: Del Castillo v. Superior Court (People)
Case #: A157306
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 08/21/2019
  • Categories: Legislation, Motions Dismiss/Strike, Preliminary Hearings, Pretrial Motions, Procedural Requirements, Statutory Construction

Because defendant's Welfare and Institutions Code section 5150 hold did not automatically toll the 60-day time period for his preliminary hearing, the information in his case must be set aside. Defendant was charged with a felony in a complaint and…

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