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Name: People v. Morales
Case #: H043837
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 11/27/2018

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 on a child under 14 (Pen. Code, § 288, subd. (a)), one count of committing a forcible lewd act on a child under 14 (Pen. Code, § 288, subd. (b)), and various other sex offenses. The jury also found true an allegation that Morales had committed sexual offenses against multiple victims (Pen. Code, § 667.61, subd. (e)(4)). The court sentenced…

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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

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 multiple sexual assault charges and found true various allegations under the One Strike law (Pen. Code, § 667.61, subds. (a), (d), and (e)). On appeal, defendants argued that the court erred in instructing the jury regarding the section 667.61, subdivision (d)(2) kidnapping qualifying circumstance alleged in connection with the rape and forcible oral copulation in concert offenses. Held: Affirmed as…

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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

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 had a child together. In July 2015, Megown became enraged after Michelle spent the day at Comic Con. He physically abused her, threatened to kill her, and put a gun to her head. She eventually called her mother, Maria, who came and tried to help. When Maria confronted Megown, he threatened to kill both women and pointed a gun at…

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Name: People v. Valdez
Case #: B281975
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 10/17/2018

Defendant, who was confined in county jail awaiting trial, violated Penal Code section 243.9, subdivision (a) (battery by gassing) when he spit on a sheriff's deputy in a courtroom before returning to the courthouse lockup. Valdez was transported from the county jail to attend court proceedings on pending charges. He was held in a lockup cell connected to the courtroom before his court appearance. After his appearance was over, a sheriff's deputy instructed Valdez to return to the lockup. He spit on her face. Based on this incident, he was convicted of battery by gassing. On appeal, he argued…

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Name: People v. Corder
Case #: C084565
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/23/2018

Defendant may be convicted of felony evading a peace officer while driving in a reckless manner even if the entire pursuit occurs on private property. Plumas County deputies in two marked vehicles entered a 30-acre family farm to conduct a probation search on Corder's girlfriend, Payne. Corder drove his truck towards the deputies and a pursuit ensued. When his truck stopped, Corder resisted arrest, injuring an officer. A jury convicted Corder of felony evading (Veh. Code, § 2800.2) and other offenses. On appeal, Corder argued the evading conviction must be reversed because the entire pursuit occurred on private property. Held:…

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Name: People v. Bedrossian
Case #: A151917
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 02/27/2018

Penal Code section 851.8 does not violate due process by requiring the statute of limitations for a crime to lapse before a petition to be deemed factually innocent may be adjudicated. Bedrossian was arrested on suspicion of felony false imprisonment and misdemeanor battery. The district attorney declined to press charges, and Bedrossian successfully moved to have his arrest deemed a detention (Pen. Code, § 849.5). He also filed a petition pursuant to section 851.8 to be found factually innocent of all charges and to have the record of his arrest destroyed. The trial court denied the petition…

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Name: People v. White
Case #: S228049
Court: CA Supreme Court
District CalSup
Opinion Date: 01/19/2017

Rape of an unconscious person and rape of an intoxicated person are separate offenses and defendant may be convicted of both based on the same act. Defendant had sex with a woman in a hotel room after she drank a large amount of alcohol with him at a bar. The woman did not remember leaving the bar and her next memory after being at the bar was waking up in a bed with defendant beside her. A jury convicted defendant of both rape of an intoxicated person (Pen. Code, § 261, subd. (a)(3)) and rape of an…

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Name: People v. Brown
Case #: E064318
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 12/20/2016

Inducing falsehood (Pen. Code, § 137) is not a special statute that precludes a conviction for preventing prosecution under Penal Code section 136.1. Brown slashed his ex-girlfriend's tires when she refused to reconcile with him. After he was arrested, he called her threatening to kill her unless she called the police and recanted. A jury convicted Brown of witness intimidation (Pen. Code, § 136.1) and other offenses. He appealed, arguing that he could not be convicted under section 136.1, which is a serious felony, because it is a general statute and section 137, which is not a serious felony, is…

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Name: People v. Tirey
Case #: G048369
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 11/10/2015

The Legislature's clarifying amendments to relevant Penal Code provisions that expanded the number of sex offenses that render a person ineligible for a certificate of rehabilitation apply to defendant whose appeal was pending at the time of the amendments. In 1998, Tirey pleaded guilty to six sex offenses (Pen. Code, § 288, subd. (a)) and was sentenced to state prison. In 2001 he was released from prison and was discharged from parole in February 2004. In 2013, Tirey filed a petition for certificate of rehabilitation (Pen. Code, § 4852.01). The trial court found Tirey's conviction precluded relief. He appealed. In…

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Name: People v. Toussain
Case #: G050210
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 09/29/2015

Penal Code section 3000.08 requires parole supervision for all registered sex offenders released from prison regardless of their current commitment offense if CDCR has classified them as "high-risk." In 2013, Toussain was convicted of failing to register as a sex offender based on his 1989 conviction for assault with intent to commit rape. After he was paroled in 2014, a parole revocation petition was filed alleging that Toussain violated parole by tampering with his GPS tracking device. The petition also alleged that Toussain's sex offender risk category was "high." The trial court dismissed the petition for lack of jurisdiction, finding…

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