Statutory Construction

Name: People v. Shiga
Case #: B256009
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 04/17/2019
  • Categories: All Other Crimes, Crimes, Legislation, Lesser-Included Offenses, Statutory Construction

Defendant was improperly convicted of both arson of an inhabited structure and arson of a structure under Penal Code section 451, subdivisions (b) and (c) because they are forms of the same offense of simple arson. Shiga was convicted of…

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Name: In re H.W.
Case #: S237415
Court: CA Supreme Court
District CalSup
Opinion Date: 03/28/2019
  • Categories: Crimes, Elements of Crimes, Legislation, Statutory Construction

Criminal liability for possession of burglary tools requires a showing the defendant intended to use the instrument or tool to break into or effectuate physical entry into a structure in order to commit theft or a felony within the structure.…

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Name: People v. Ellis
Case #: D074710
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/14/2019
  • Categories: Legislation, Restitution, Sentencing, Statutory Construction

Penal Code section 2085.5 allows CDCR to withdraw funds from prison inmate's trust account to pay a restitution fine for a prior offense even though the inmate completed his prison term for the prior offense. Ellis was sentenced to prison…

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Name: People v. Taggart
Case #: F073982
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 01/23/2019
  • Categories: All Other Crimes, Crimes, Elements of Crimes, Legislation, Statutory Construction

Defendant's departure from California in violation of her "sheriff's parole" was not an escape because mere constructive custody is insufficient physical restraint to constitute the "lawful custody" required by the statute. Taggart was convicted of felony escape (Pen. Code, §…

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Name: People v. Atkins
Case #: H044999
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 01/30/2019
  • Categories: General Principles, General vs Specific, Jury Instructions, Legislation, Statutory Construction

A conviction for attempting to deter an executive officer in the performance of his duties (Pen. Code, § 69) requires proof that the defendant knew the person he attempted to deter was an executive officer. A jury convicted Atkins of…

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Name: People v. LaDuke
Case #: D072597
District 4 DCA
Division: 1
Opinion Date: 12/14/2018
  • Categories: Crimes, Crimes Against Property, Elements of Crimes, Legislation, Statutory Construction

The crime of vandalism of a religious educational institution includes not only acts which affect the structure of the building, but also damage to personal property located on the real property related to the building. LaDuke set fire to a…

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Name: People v. Bedolla
Case #: H044681
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 10/22/2018
  • Categories: Enhancements, Evidence, Legislation, Prior Convictions/Impeach, Sentencing, Statutory Construction

A violent felony allegation under Penal Code section 667, subdivision (c)(21) (a person other than an accomplice present during a burglary) does not apply to attempted first degree burglary. Bedolla and his accomplice knocked on and kicked the front door…

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Name: People v. Morales
Case #: H043837
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 11/27/2018
  • Categories: Evidence, Insufficiency/Sufficiency of, Legislation, Statutory Construction

There was sufficient evidence of defendant's lewd intent based on other incidents involving the same minor and on the defendant's coercive threats immediately after the touching. Morales was convicted by a jury of four counts of committing a lewd act…

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Name: People v. Adams and Moreland
Case #: B257829
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 10/04/2018
  • Categories: By CALCRIM Number, General Principles, Jury Instructions, Legislation, Statutory Construction

Trial court erred in instructing the jury concerning kidnapping as defined by Penal Code section 667.61, subdivision (d)(2), but the error was harmless beyond a reasonable doubt. A jury convicted Moreland and Adams of attempted murder, robbery, aggravated kidnapping, and…

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Name: People v. Megown
Case #: D072019
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 09/24/2018
  • Categories: Admitting/Excluding, Evidence, Legislation, Statutory Construction

Trial court did not err in instructing jurors they could consider defendant's prior acts of domestic violence against his ex-girlfriend as to crimes charged against the ex-girlfriend's mother. Megown and Michelle were in a dating relationship for 16 years and…

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