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Name: People v. Gonzalez
Case #: S207830
Court: CA Supreme Court
District CalSup
Opinion Date: 10/20/2014

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. While Carolyn was unconscious, Gonzalez put his penis in her mouth. He was convicted of (1) oral copulation of an unconscious person (Pen. Code, § 288a, subd. (f)), and (2) oral copulation of an intoxicated person (Pen. Code, § 288a, subd. (i)). He appealed, contending that he could not be convicted of both counts based on a single act of…

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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

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 that a defendant may be convicted of multiple thefts based on separate counts of theft, even if committed pursuant to a single scheme]), Whitmer challenged his convictions for theft of motorcycles and making false financial statements. Held: Reversed in part. Whitmer was a finance manager for a dealership. In conjunction with others, he processed false sales documents for 20 motorcycles,…

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Name: People v. Pennington
Case #: B249482
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 09/22/2014
Subsequent History: Review granted 12/10/2014: S222227

A harbor patrol officer who performed necessary duties under the supervision of the police department is a "peace officer" within the meaning of Penal Code section 830.33, subdivision (b). Appellant was convicted of misdemeanor battery on a peace officer (Pen. Code, § 243, subd. (d)), for hitting and kicking a Santa Barbara Harbor Patrol Officer who stopped him to investigate what looked like a theft of a hose. On appeal, he contended that the evidence was insufficient to show that the officer was a peace officer. Held: Affirmed. For purposes of appellant's battery conviction, the relevant definition of "peace officer"…

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Name: People v. Chandler
Case #: S207542
Court: CA Supreme Court
District CalSup
Opinion Date: 08/28/2014

Offense of attempted criminal threat requires not only proof of a subjective intent to threaten but also proof that threat was sufficient to cause a reasonable person to be in fear. Chandler was convicted of two counts of attempted criminal threats (Pen. Code, §§ 422, subd. (a), 21a). On appeal, he argued that the trial court should have instructed the jury that the crime of attempted criminal threat requires a finding that the intended threat reasonably could have caused sustained fear under the circumstances, as the court held in People v. Jackson (2009) 178 Cal.App.4th 590, 599. The appellate court…

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Name: In re J.C.
Case #: C075043
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/19/2014

Education Code section 32210 is not facially overbroad and may constitutionally be applied to minor's conduct. A juvenile court sustained allegations that minor J.C. willfully resisted, delayed, or obstructed a police officer in the performance of his duty (Pen. Code, § 148, subd. (a)(1)) and willfully disturbed a public school. (Ed. Code, § 32210). Responding to a call that there was "an uncontrollable, irate student in the hallways," a police officer found J.C. cursing and ignoring the principal's orders at a public high school. The officer persuaded J.C. to go to the principal's office, but he became more irate,…

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Name: In re M.G.
Case #: A139471
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 08/14/2014

Although minors may not legally possess a concealable firearm, this does not mean a minor's possession of a concealed firearm is automatically punishable as a felony under Penal Code section 25400, subdivision (c)(4). During a search of M.G.'s backpack, police found a firearm and bullets. After his motion to suppress was denied, M.G. admitted carrying a concealed firearm in violation of section 25400, subdivision (a)(2), which is a wobbler. On appeal, M.G. argued that the juvenile court erred by declaring the offense a felony. Held: Remanded for further proceedings. Possession of a concealed firearm is punishable as a felony "[i]f…

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Name: James v. California
Case #: F065003
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 08/26/2014

A misdemeanor battery committed against a spouse constitutes "misdemeanor crime of domestic violence" under federal gun law. [On transfer from the California Supreme Court after the United States Supreme Court's decision in U.S. v. Castleman (2014) 134 S.Ct. 1405.] After his arrest in 1996 for spousal battery (Pen. Code, § 273.5), James pled nolo contendere to misdemeanor battery (Pen. Code, § 242). In 2008, James applied to be a reserve deputy sheriff and learned the State of California considered his conviction to be a misdemeanor crime of domestic violence (MCDV), rendering him ineligible. In 2011, his application to purchase a…

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Name: People v. Hojnowski
Case #: A139455
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 08/04/2014

Consecutive terms were required for prison inmate's three battery by gassing offenses even though he was sentenced under the Three Strikes law. Appellant was convicted of three counts of aggravated battery by "gassing" under Penal Code section 4501.1 based on evidence that he spit on three different correctional officers when they were in the process of returning him to his prison cell after a shower. Allegations that appellant had suffered a prior strike and had served a prior prison term were found true. The trial court imposed consecutive terms, for an aggregate sentence of 11 years. On appeal, appellant…

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Name: People v. Redd
Case #: F065225
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 07/28/2014

There was insufficient evidence to support defendant's conviction for conspiracy to pervert or obstruct justice (Pen. Code, § 182, subd. (a)(5)) based on attempting to bring tobacco into state prison. Based on an anonymous tip, prison officials stopped a cook, Cornil, as he was entering the prison and found cellophane-wrapped bindles that contained cell phones and tobacco. When questioned, Cornil said the items were for an inmate, Redd. A jury found Redd guilty of conspiracy to commit the crime of communicating with a prisoner without permission (Pen. Code, §§ 182, subd. (a)(1), 4570) and conspiracy to pervert or obstruct…

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Name: In re Greenshields
Case #: B252222
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 07/14/2014

Persons found not guilty by reason of insanity (NGI) have a constitutional right to refuse antipsychotic medication under certain circumstances based on equal protection principles. Greenshields was found not guilty of attempted murder by reason of insanity and the trial court committed him to a state hospital. While his most recent petition to extend his commitment was pending, Greenshields asked the trial court to enjoin the state hospital from treating him with antipsychotic medications against his will. The court denied the request and Greenshields filed a habeas petition in the Court of Appeal. Held: Petition granted. Persons…

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