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Name: People v. Sheehy
Case #: E058373
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 04/09/2014

Defendant is ineligible to serve a county jail prison term under the Realignment Act because his prior misdemeanor conviction of annoying a child requires him to register as a sex offender under Penal Code section 290. Defendant committed a number of drug-related crimes in four different cases, for which he was granted probation. He was then convicted of misdemeanor annoying a child (Pen. Code, § 647.6, subd. (a)), which required him to register as a sex offender. Subsequently, he pled guilty to petty theft with a prior and the trial court imposed a county jail prison term under Realignment on…

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Name: People v. Ramirez
Case #: H038462
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 03/19/2014

Where offenses occurred both before and after the October 1, 2011 effective date of amendments to Penal Code section 4019, defendant was entitled to additional conduct credit as provided by the amendment. Ramirez pleaded no contest to 19 sex offenses prior to his preliminary hearing, some of which occurred on specific dates prior to October 1, 2011, and some after that date. Some of the offenses were alleged to have occurred between May or June of 2011 and November 2011. Because the Legislature amended section 4019 to award presentence credits at a higher rate for prisoners incarcerated for crimes committed…

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Name: People v. Weeks
Case #: E057282
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 03/18/2014

Trial court erred by finding a prison prior (Pen. Code, § 667.5, subd. (b)) allegation true where the prison term had not yet been completed prior to the date of the new offense. Weeks was convicted of possessing marijuana in a prison and possessing a weapon in a prison in January of 2011. At the time he committed these offenses, he was serving a prison sentence for crimes committed in 2006. At his sentencing hearing on the current case, the trial court found that Weeks' 2006 offense constituted a prison prior under Penal Code section 667.5, subdivision (b), and imposed…

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Name: People v. Gray
Case #: S202483
Court: CA Supreme Court
District CalSup
Opinion Date: 03/13/2014

Under Vehicle Code section 21455.5, subdivision (b), when a city installs a device at an intersection that photographs red light violators, it must first provide a public announcement; this requirement applies to each separate installation. Vehicle Code section 21453, subdivision (a) allows a city to install automated traffic enforcement systems at intersections that will photograph a driver who fails to comply with the traffic signal. Section 21455.5, subdivision (b) requires the city to make a public announcement of the system at least 30 days prior to the commencement of the enforcement program, and to only issue warnings to violators for…

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Name: People v. Spriggs
Case #: F066927
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 02/27/2014

Driver does not violate Vehicle Code prohibition against using cell phone while driving where he was not "talking or listening," but was looking at a map. A CHP officer cited Spriggs for prohibited use of a wireless telephone while driving after the officer saw him check a traffic map on his phone. (Veh. Code, § 23123, subd. (a).) Spriggs claimed he was not "using" the phone within the meaning of the statute. Held: Reversed. Section 23123, subdivision (a) prohibits a driver from using a wireless telephone unless it is configured for hands-free "listening and talking" and is used in that…

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Name: In re Perdue
Case #: B250221
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 12/02/2013

Former Penal Code section 12370, subdivision (a) (prohibiting possession of body armor by a felon) is not void for vagueness as applied to felon who had a "bullet proof vest." A jury convicted Perdue of being a felon in possession of body armor (former Pen. Code, § 12370, subd. (a)). Perdue filed a petition for writ of habeas corpus in the California Supreme Court, which ordered the Secretary of the Department of Corrections to show cause before the Court of Appeal why Perdue was not entitled to relief based on his allegation the section was void for vagueness as applied…

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Name: Cuevas v. Superior Court (Tulare County)
Case #: F064886
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 12/05/2013

A policing agency is not authorized to commence nonjudicial forfeiture proceedings. During an investigation, Police seized more than $7,000 from Cuevas and found trace amounts of methamphetamine in his wallet. Police gave Cuevas a "Notice of Nonjudicial Forfeiture Proceedings" form that stated his cash had been seized due to a violation of Health and Safety Code section 11379. The form warned that the seized cash would be forfeited unless Cuevas made a claim to it within 30 days, which he did not do. Cuevas was charged with drug possession (Health & Saf. Code, § 11377, subd. (a)). After the case…

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Name: People v. Douglas M.
Case #: A136993
District 1 DCA
Division: 2
Opinion Date: 10/24/2013

Amended Penal Code section 1203.067 may not be retroactively applied to sex offender probationer whose offenses were committed prior to September 9, 2010. In 2006 appellant pled guilty to two counts of lewd acts on a child. He was sentenced to 10 years in state prison, with execution suspended, and placed on seven years' probation. He was subject to the terms and conditions provided in former section 1203.067. On October 19, 2012, over defense objection, the court modified the terms of appellant's probation in accordance with amendments to section 1203.067. He appealed from the modification order, arguing that…

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Name: People v. Childs
Case #: A129583
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 10/25/2013

An employee who disrupts or denies his employer's computer services may be charged with violating Penal Code section 502, subdivision (c)(5). Childs was the principal network engineer for the Department of Telecommunications and Information Services (DTIS) for San Francisco. He was assigned to implement and administer the city's new fiber optic network (Fiber-WAN) and became very possessive of this new network. Childs used his computer skills to take extreme measures to ensure that he was the only administrator who had access to the network and to wipe out system data if another person attempted to access the system. He…

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Name: People v. Miles
Case #: B242742
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 10/10/2013

Defendant who served time in presentence custody after October 1, 2011 for a crime committed before this date was not entitled to have his presentence conduct credits calculated under the October 1, 2011 version of Penal Code section 4019. Appellant was convicted of being a felon in possession of a firearm with a strike prior. The offense occurred on June 1, 2011. In July of 2012, appellant was sentenced to six years in state prison with credit for 415 actual days plus 415 conduct days. On appeal, the court questioned the award of day-for-day conduct credits. Appellant did not qualify…

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