Sentencing

Name: People v. Burke (2023) 89 Cal.App.5th 237
Case #: C096164
Opinion Date: 03/13/2023
  • Categories: PC 1385/SB 81, Sentencing, Three Strike Priors

Summary

The amendments to Penal Code section 1385 enacted by Senate Bill No. 81 do not apply to the Three Strikes law under which a prior strike conviction is part of an alternative sentencing scheme and not an enhancement. At sentencing,…

View Full Summary
Name: People v. Cooks (2023) 89 Cal.App.5th 1124
Case #: D079706
Opinion Date: 03/30/2023
  • Categories: Restitution, Right to Counsel, Sentencing, Waiver of Counsel

Summary

An appeal from trial counsel’s waiver of defendant’s right to be personally present at any future restitution hearing must be dismissed as unripe where no restitution hearing has yet taken place. At defendant’s sentencing, the trial court reserved jurisdiction over victim…

View Full Summary
Name: People v. Bautista-Castanon (2023) 89 Cal.App.5th 922
Case #: A162579
Opinion Date: 03/28/2023
  • Categories: Lower term under AB 124/SB 567, PC 1385/SB 81, Probation, Probation / Parole / PRCS, SB 567 Upper Term, Sentencing

Summary

Under Penal Code section 1170, as amended by Senate Bill No. 567, there is no jury-finding requirement for facts used to impose a middle term when the lower term is the presumed sentence. Defendant was convicted of sexual penetration of…

View Full Summary
Name: People v. Shkrabak (2023) 89 Cal.App.5th 943
Case #: C096266
Opinion Date: 03/28/2023
  • Categories: 1368 Competence, Areas Constitutional Law, Credits, Equal Protection, Pretrial Motions, Sentencing

Summary

Under equal protection principles, defendant is entitled to custody credits for time spent in state hospital after the trial court found him incompetent to stand trial. On appeal, defendant requested a recalculation of his custody credit to include time spent…

View Full Summary
Name: People v. Bolanos
Case #: F082970
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

Summary

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…

View Full Summary
Name: People v. Morgan
Case #: D080016
Opinion Date: 01/20/2023
  • Categories: Crimes, Enhancements, Legislation, Sentencing, Statutory Construction, Vehicle Code Violations

Summary

Trial court erred in concluding defendant’s driving under the influence (DUI) charges could be elevated to felonies where defendant had not suffered a qualifying sentence-enhancing prior conviction listed in Vehicle Code section 23550.5, subdivision (b). Under Vehicle Code section 23550.5,…

View Full Summary