Skip to content
Name: People v. Casillas
Case #: F034666
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 09/10/2001
Subsequent History: None

At the time of his preliminary hearing on his fourth DUI, appellant had a pending DUI complaint, and two prior convictions for DUI. The magistrate held him to answer, but found insufficient evidence of the requisite "three separate violations...which resulted in convictions" which would have made the fourth DUI a felony. In this People’s appeal, the appellate court upheld the dismissal of the information. Pleading and proof of three separate violations resulting in convictions of DUI is a constitutional and statutory condition precedent for the prosecution and punishment of a fourth DUI as a…

View Full Summary
Name: People v. Scott
Case #: B112469
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 08/28/2001
Subsequent History: Rev. denied 11/28/01

Four days before his trial for assault was to begin, appellant made a Marsden motion for substitution of appointed counsel. Following the denial of his motion, he requested that he be allowed to represent himself, and asked the court for a continuance. The court denied both the motions. On appeal, appellant argued that the court erred when it denied his Faretta motion. The appellate court here affirmed. Motions made just prior to the start of trial are not timely. Further, the motion was not unequivocal: appellant alternately argued that he wanted to represent himself,…

View Full Summary
Name: People v. Brown
Case #: D035066
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/02/2001
Subsequent History: None

The enhancement for great bodily injury under Penal Code section 12022.7 is not an element of the unlawful practice of medicine (Bus. & Prof. Code, sec.…

View Full Summary