Statutory Construction

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
  • Categories: Evidence, Insufficiency/Sufficiency of, Legislation, Statutory Construction

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.…

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Name: People v. Chandler
Case #: S207542
Court: CA Supreme Court
District CalSup
Opinion Date: 08/28/2014
  • Categories: Areas Constitutional Law, Attempts, Crimes, Elements of Crimes, Freedom of Speech, Legislation, Statutory Construction

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…

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Name: In re J.C.
Case #: C075043
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/19/2014
  • Categories: Areas Constitutional Law, Crimes, Elements of Crimes, Freedom of Speech, Legislation, Statutory Construction

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,…

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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
  • Categories: Delinquency (602), Disposition Phase, Legislation, Statutory Construction, Wobblers (Manzy W.)

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…

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Name: James v. California
Case #: F065003
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 08/26/2014
  • Categories: Crimes, Crimes Against the Person, Legislation, Statutory Construction

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…

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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
  • Categories: Consecutive Offenses, Legislation, Sentencing, Statutory Construction, Three Strike Priors

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…

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Name: People v. Redd
Case #: F065225
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 07/28/2014
  • Categories: Evidence, Insufficiency/Sufficiency of, Legislation, Statutory Construction

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,…

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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
  • Categories: Areas Constitutional Law, Equal Protection, Legislation, Not Guilty by Insanity, Pleas, Statutory Construction

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…

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Name: People v. Huynh
Case #: G048804
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/18/2014
  • Categories: Legislation, One Strike Priors, Sentencing, Statutory Construction

Trial court properly dismissed one strike allegation (Pen. Code, § 667.61, subd. (d)(1)) where prior conviction did not precede the currently charged offense. Huynh was charged with committing a forcible lewd act on a child under 14 years old (Pen.…

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Name: In re Abbigail A.
Case #: C074264
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/16/2014
Subsequent History: Review granted 9/10/2014: S220187
  • Categories: Dependency (300), ICWA, Legislation, Statutory Construction

Juvenile court erred when it applied ICWA provisions to minors eligible for enrollment but not yet enrolled in the tribe. During dependency proceedings, the father of the two minors informed the juvenile court that his grandmother was Native American. Following…

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