Requirements of

Name: People v. Bolanos
Case #: F082970
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 01/26/2023
  • Categories: Areas Constitutional Law, Double Punish. (PC 654/AB 518), Due Process, Equal Protection, One Strike Law, Pleadings, Requirements of, Sentencing

The youthful offender parole scheme under Penal Code section 3051 does not, on its face, violate equal protection. Appellant was 22 years old when he committed various sex crimes for which he was sentenced to serve two LWOP terms and…

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Name: People v. Nash
Case #: D079539
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/13/2023
  • Categories: Appeals, Areas Constitutional Law, Due Process, Pleadings, Requirements of, Review Principles, Scope of Remand, Sentencing

The law of the case doctrine precluded the resentencing court from finding that a prison term of 15 years to life was cruel and/or unusual punishment. Upon his conviction for child molestation, Nash was sentenced to a determinate term after…

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Name: People v. Anderson
Case #: S253227
Court: CA Supreme Court
District CalSup
Opinion Date: 07/23/2020
  • Categories: Enhancements, Pleadings, Requirements of, Sentencing

Opinion By: Justice Kruger (unanimous decision) Trial court erred by imposing vicarious firearm use enhancements (Pen. Code, § 12022.53, subd. (e)) that were not pleaded in connection with the relevant counts. Anderson and fellow gang members went to a party.…

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Name: Ruiz-Martinez v. Superior Court
Case #: H044349
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 10/18/2019
  • Categories: Grand Jury, Pleadings, Requirements of

Prosecutor's dismissal of grand jurors violated Penal Code section 939.5, but was harmless error. Defendant was indicted for two counts of murder and other offenses. He moved to dismiss the indictment under Penal Code section 995 arguing the prosecutor violated…

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Name: People v. Jimenez
Case #: H044238
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 05/16/2019
  • Categories: One Strike Priors, Pleadings, Requirements of, Sentencing

Trial court violated defendant's right to due process by sentencing defendant on uncharged sentencing allegations under Penal Code section 667.61, subdivision (j). A jury convicted defendant of 15 counts of sexually molesting three victims over a two-year period and found…

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Name: People v. Wilson
Case #: A150500
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 03/27/2019
  • Categories: Admitting/Excluding, Evidence, Expert Witness, Pleadings, Requirements of

Trial court abused its discretion in admitting the testimony of a prosecution expert regarding studies that show only a very small percentage of allegations of child sexual abuse are false. Wilson was convicted of multiple sexual abuse charges involving a…

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Name: Hoffman v. Superior Court (Orange County)
Case #: G054414
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 11/07/2017
  • Categories: Motion Attacking, Pleadings, Requirements of

An information may describe multiple discrete acts, each of which constitute the charged offense, within a single count. The prosecution alleged over one hundred counts of healthcare insurance fraud (Pen. Code, § 550, subds. (a)(5), (a)(6)) against defendant. Each count…

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Name: People v. Castel
Case #: B271396
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 06/26/2017
  • Categories: Motion Attacking, Parole, Pleadings, Probation / Parole / PRCS, Requirements of

Trial court properly overruled demurrer to parole revocation petition filed by district attorney that was not accompanied by the written report that must accompany petitions filed by supervising parole agencies. Castel was convicted of felony assault, sentenced to three years…

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Name: People v. Wilford
Case #: D069888
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/12/2017
  • Categories: Areas Constitutional Law, Constitutional Rights, Due Process, Limitations on, Pleadings, Requirements of, Sentencing

Under the facts of this case, defendant's sentence under Penal Code section 273.5, subdivision (f)(1) violated due process because there was no indication in the information that he faced the possibility of a sentence under this subdivision. Wilford attacked his…

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Name: People v. Mariscal
Case #: E063305
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 05/11/2016
  • Categories: One Strike Priors, Pleadings, Requirements of, Sentencing

Defendant received adequate notice of allegation under the One Strike law where the prosecution consistently indicated from the preliminary hearing through the trial that a One Strike circumstance related to the rape counts, even though the information mistakenly pled the…

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