Statutory Construction

Name: People v. Beckemeyer
Case #: D065565
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/05/2015
  • Categories: Legislation, Statutory Construction

Postconviction domestic violence protective order (Pen. Code, § 136.2, subd. (i)(1)) may include a person the defendant actually assaulted during a domestic violence incident, even if the victim and the defendant did not have a domestic relationship. After Beckemeyer's girlfriend…

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Name: Johnson v. United States
Case #: 13-7120
Court: US Supreme Court
District USSup
Opinion Date: 06/26/2015
  • Categories: Areas Constitutional Law, Due Process, Legislation, Statutory Construction

The Armed Career Criminal Act of 1984's definition of "violent felony" as an offense that "involves conduct that presents a serious potential risk of physical injury to another" is unconstitutionally vague. Johnson was convicted in federal court of being a…

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Name: Yohner v. Cal. Dept. of Justice
Case #: D065985
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/22/2015
  • Categories: Areas Constitutional Law, Equal Protection, Extraordinary Remedies, Legislation, Mandamus, Statutory Construction

Stepgrandparent who molested stepgranddaughter does not qualify for exclusion from Megan's Law website. Yohner was convicted of molesting his stepgranddaughter (Pen. Code, § 288, subd. (a)). He filed an application with DOJ under Penal Code section 290.46, subdivision (e)(2)(D)(i) for…

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Name: People v. Therman
Case #: C077322
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/20/2015
  • Categories: Extraordinary Remedies, Injunctions, Legislation, Sentencing, Statutory Construction, Unlawful Sentence

Trial court properly imposed a five-year domestic violence protective order prohibiting the defendant from having contact with his wife (Pen. Code, § 136.2, subd. (i)) after he pled guilty to falsely imprisoning her (Pen. Code, § 236). Therman was charged…

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Name: People v. Velasco
Case #: D066979
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 03/13/2015
  • Categories: Crimes, Elements of Crimes, Legislation, Statutory Construction

A conviction for participating in a criminal street gang (Pen. Code, § 186.22 subd. (a)) requires evidence that two gang members from the same gang, not merely two gang members, acted together in committing felonious criminal conduct. Appellant (a "Puente…

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Name: People v. Vidana
Case #: G050399
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 01/26/2015
Subsequent History: Review granted 4/1/2015: S224546
  • Categories: Crimes, Crimes Against Property, Legislation, Statutory Construction

Defendant cannot be convicted of both larceny and embezzlement based on the same act because they are not separate offenses; they are two ways of committing theft. Vidana worked as a credit agent for a concrete company and, as part…

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Name: People v. $2,709
Case #: B250709
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 11/26/2014
  • Categories: Guilty Pleas, Legislation, Pleas, Statutory Construction

A civil action to forfeit less than $25,000 cash need not be tried or otherwise settled at the same time that the criminal defendant enters a plea on the underlying or related criminal drug charges. Police found Bradford in possession…

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Name: People v. Gjersvold
Case #: E059392
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/15/2014
  • Categories: Crimes, Elements of Crimes, Legislation, Statutory Construction

Trial court properly instructed jury that a jail officer must give informed consent in order for an ex-convict's entry upon jail grounds to be authorized. Appellant used his revoked private investigator's license to enter a county jail to interview an…

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Name: People v. Gonzalez
Case #: S207830
Court: CA Supreme Court
District CalSup
Opinion Date: 10/20/2014
  • Categories: Crimes, Elements of Crimes, Legislation, Statutory Construction

Defendant may be convicted of both oral copulation of an unconscious person and oral copulation of an intoxicated person based on the same act. Carolyn H. passed out on a curb next to Gonzalez after drinking a pint of vodka.…

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Name: People v. Whitmer
Case #: B231038
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 10/21/2014
  • Categories: Crimes, Elements of Crimes, Evidence, Insufficiency/Sufficiency of, Legislation, Lesser-Included Offenses, Statutory Construction

Although a motorcycle is not an "automobile" under Penal Code section 487, subdivision (d), conviction for theft of motorcycle affirmed because defendant suffered no prejudice. On remand from the California Supreme Court (People v. Whitmer (2013) 59 Cal.4th 733 [finding…

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