Sentencing

Name: People v. LaRoche (2023) 96 Cal.App.5th 1020
Case #: C097431
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/25/2023
  • Categories: Restitution, Sentencing

Victim restitution can compensate a victim for the cost of the stolen object, but not the victim’s cost of obtaining that object. Defendant pleaded no contest to burglary and other charges after stealing a mounted ram’s head from the victim’s…

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Name: People v. Shah (2023) 96 Cal.App.5th 879
Case #: A162676
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 10/24/2023
  • Categories: Restitution, Sentencing

Penal Code section 186.11 permitted trial court to hold a hearing several years after defendant was sentenced in order to seize his property to ensure full restitution. Prior to Shah’s trial on charges of money laundering, the trial court froze…

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Name: People v. Ponder (2023) 96 Cal.App.5th 1042
Case #: A166053
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 10/26/2023
  • Categories: Double Punish. (PC 654/AB 518), PC 1385/SB 81, Sentencing

Under Penal Code section 1385(c)(2), the trial court retains discretion to choose not to dismiss a firearm enhancement in the furtherance of justice for reasons other than public safety. Defendant was convicted of murder and other offenses for opening fire…

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Name: People v. Evers (2023) 96 Cal.App.5th 212
Case #: A164989
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 10/06/2023
  • Categories: Fines/Fees/Assessments--Duenas, Sentencing

Defendant’s ability-to-pay challenge to his restitution fine (Pen. Code, § 1202.4(b)) was forfeited as it was not raised by trial counsel, and forfeiture was not negated by the Penal Code section 1237.2 motions his appellate counsel filed in the trial…

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Name: People v. Suazo (2023) 95 Cal.App.5th 681
Case #: F082140
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 09/19/2023
  • Categories: Crimes, Defenses, Evidence, General Principles, Insufficiency/Sufficiency of, Jury Instructions, Mens Rea, Mental, Restitution, SB 567 Upper Term

A predrinking intent to drive is not required before a jury may find implied malice supporting a second degree Watson murder (People v. Watson (1981) 30 Cal.3d 290). Defendant, while intoxicated, drove his vehicle at a high rate of speed…

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Name: People v. Escobedo (2023) 95 Cal.App.5th 440 (and People v. Chavira)
Case #: B322608; B323765
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 09/12/2023
  • Categories: Appealable Orders, Appeals, Priors, SB 136 Prior Prison Term

Trial court orders denying inmates’ petitions to strike their prior prison term enhancements pursuant to Penal Code section 1172.75 were nonappealable. The defendants, each currently serving consecutive terms for in-prison offenses, filed separate postjudgment requests to strike prior prison term…

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Name: People v. Narro (2023) 95 Cal.App.5th 316
Case #: E079444
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 09/07/2023
  • Categories: Restitution

Restitution to replace furniture that was undamaged but invoked painful memories of the victim’s molestation by defendant was authorized as nonecomonic damages under Penal Code section 1202.4(f)(3)(F). Defendant was convicted of numerous sexual offenses after molesting his two stepdaughters and…

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Name: People v. Harrell (2023) 95 Cal.App.5th 161
Case #: E080838
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 09/01/2023
  • Categories: Military, Mitigating Factors, Plea Bargaining, Pleas, Sentencing

In light of recent amendments to Penal Code section 1170.91, which permits military veterans to petition for resentencing, a veteran serving a stipulated sentence according to a plea agreement is not categorically ineligible for relief. In 2001, petitioner entered into…

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Name: People v. Superior Court (Mitchell) (2023) 94 Cal.App.5th 595
Case #: B326653
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 08/16/2023
  • Categories: Appealable Orders, Extraordinary Remedies, Mandamus, Pretrial Motions, Separation of Powers, Wobblers

A superior court’s order reducing a felony “wobbler” to a misdemeanor is unauthorized under Penal Code section 17(b) when made after the preliminary hearing and before trial. The first count in a felony information charged defendant with a wobbler as a…

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Name: People v. Vaesau (2023) 94 Cal.App.5th 132
Case #: A165925
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 08/04/2023
  • Categories: Recall of Sentence (PC 1172.1), Sentencing

A trial court has discretion to terminate a Penal Code section 1172.1 recall and resentencing proceeding when a district attorney identifies a legitimate basis for withdrawing its resentencing request before the court rules on the merits. In 1992, a jury…

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