Motions Dismiss/Strike

Name: People v. Superior Court (Tapia) (2023) 93 Cal.App.5th 394
Case #: E080076
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 07/11/2023
Subsequent History: Opn. modified 8/2/2023
  • Categories: Motions Dismiss/Strike, Pretrial Motions, Speedy Trial

Trial court did not abuse its discretion when it dismissed defendant’s case based on a finding that its pre-COVID chronic backlog was not good cause to extend Penal Code section 1382’s presumptive 60-day trial deadline. Defendant’s last day for trial under…

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Name: Rodas-Gramajo v. Superior Court (2023) 92 Cal.App.5th 656
Case #: A166375
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 06/15/2023
  • Categories: AB 333 (Gangs), Gang Enhancement, Motions Dismiss/Strike, Preliminary Hearings

A motion to set aside the information (Pen. Code, § 995) was the appropriate vehicle to challenge a gang enhancement allegation where the statute was amended by Assembly Bill No. 333 after the preliminary hearing. Petitioner was charged with various…

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Name: Barron v. Superior Court (2023) 90 Cal.App.5th 628
Case #: F085382
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 04/13/2023
Subsequent History: Modified 4/26/2023
  • Categories: Motions Dismiss/Strike, Pretrial Motions

Where the first case against defendant was dismissed under Penal Code section 1385, the “good cause” exception to the two-dismissal rule did not apply and the third prosecution of defendant was barred. After petitioner was charged with a felony, the…

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Name: People v. Superior Court (Fernandez)
Case #: E078405
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 02/01/2023
  • Categories: Motions Dismiss/Strike, Preliminary Hearings, Probable Cause

Magistrate erred in dismissing torture-murder special circumstance where evidence showed a rational ground for concluding defendant had the intent to kill. Defendant was charged with the premeditated murder of his 13-week-old son (Pen. Code, § 187, subd. (a)), and with…

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Name: Daws v. Superior Court (People)
Case #: A157383
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 11/14/2019
  • Categories: Areas Constitutional Law, Motions Dismiss/Strike, Other, Pretrial Motions, Speedy Trial

Trial courts have inherent authority to determine by local rule or as a matter of courtroom practice what "proper notice" under Penal Code section 1382 means, so long as a defendant's speedy trial rights are protected. In November 2018, Daws…

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Name: People v. Sanchez
Case #: A153473
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 10/21/2019
  • Categories: Motions Dismiss/Strike, Pretrial Motions

Superior court did not err when it denied prosecution's motion to reinstate dismissed complaint because the magistrate's dismissal based on prosecutorial vindictiveness was not grounded on one of the statutes enumerated in Penal Code section 871.5. Sanchez was charged with…

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Name: People v. Hampton
Case #: C081038
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/01/2019
  • Categories: Motions Dismiss/Strike, Plea Bargaining, Pleas, Pretrial Motions

A trial court's dismissal of a criminal case in its entirety is a final judgment and divests the court of jurisdiction to vacate the dismissal. Defendant was charged with criminal threats and other offenses. In two separate actions, the prosecution…

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Name: Aslam v. Superior Court
Case #: A156628
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 11/08/2019
  • Categories: Areas Constitutional Law, Double Jeopardy, General vs Specific, Legislation, Motion Attacking, Motions Dismiss/Strike, Pleadings, Pretrial Motions, Statutory Construction

Following defendant's successful post-trial Williamson motion to vacate his Penal Code section 115 conviction, prosecution under the more specific statute (Veh. Code, § 20) does not violate double jeopardy even though defendant was acquitted of a separate perjury count. Aslam…

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Name: People v. McCann
Case #: A156467
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 10/16/2019
  • Categories: Crimes, Elements of Crimes, Legislation, Motions Dismiss/Strike, Pretrial Motions, Statutory Construction

Trial court erred in dismissing forcible sexual penetration count in information where it relied on the wrong standard of force in deciding whether there was sufficient evidence to support the charge. McCann was charged with forcible sexual penetration by a…

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Name: Del Castillo v. Superior Court (People)
Case #: A157306
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 08/21/2019
  • Categories: Legislation, Motions Dismiss/Strike, Preliminary Hearings, Pretrial Motions, Procedural Requirements, Statutory Construction

Because defendant's Welfare and Institutions Code section 5150 hold did not automatically toll the 60-day time period for his preliminary hearing, the information in his case must be set aside. Defendant was charged with a felony in a complaint and…

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