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Name: People v. Lopez
Case #: B267494
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 12/07/2016

Trial court's failure to instruct jury that transportation of a controlled substance requires proof that the transportation was for sale was harmless where jury found that defendant possessed the same drugs with intent to sell. Police stopped Lopez for a traffic violation and found methamphetamine and other paraphernalia for selling drugs in his car. Lopez told police he sold meth because he was living on the street and needed to make money. A jury convicted him of both possession of drugs for sale and transportation of drugs (Health & Saf. Code, §§ 11378, 11379), and found true related…

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Name: People v. Wilson
Case #: C078123
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/15/2016

Imposition of both a great bodily injury (GBI) enhancement (Pen. Code, § 12022.7) and a prior serious felony enhancement (Pen. Code, § 667, subd. (a)(1)) is not prohibited even though the defendant's current offense is only a serious felony because he inflicted GBI. Wilson was convicted of several driving under the influence offenses. Attached to several of the offenses were personal infliction of GBI enhancements (Pen. Code, § 12022.7). A prior serious felony was also found true (Pen. Code, § 667, subd. (a)(1)). At sentencing Wilson argued that Penal Code section 1170.1, subdivision (g) allowed imposition of only the greatest…

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Name: People v. Navarette
Case #: F069534
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 10/27/2016

Mexican murder conviction is not a serious felony under California law. Navarette was convicted of a number of offenses arising from a domestic incident with his ex-girlfriend. A prior serious felony enhancement and a strike prior were found true based on Navarette's 2006 murder conviction in Mexico. Navarette appealed, arguing that the Mexican offense did not include all the elements of murder in California and therefore the evidence was insufficient to support the prior serious felony enhancement and strike prior. Held: Reversed. "To qualify as a serious felony, a conviction from another jurisdiction must involve conduct that would qualify as…

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Name: People v. Reyes
Case #: B276919
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 10/06/2016

On bail enhancement (Pen. Code, § 12022.1) must be stricken where the offense the defendant was on bail for when he committed the new offense had been wobbled to a misdemeanor under section 17, subdivision (b) prior to a no contest plea. Reyes received two on bail enhancements because he committed new offenses while on bail facing felony second degree burglary charges. He appealed and filed a habeas petition, arguing that it was improper to impose the enhancements because the offense he was on bail for was ultimately wobbled to a misdemeanor under section 17, subdivision (b) before he pleaded…

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Name: People v. Sweeney
Case #: E064273
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/18/2016

A felony conviction is eligible for reduction to a misdemeanor under Proposition 47 even if there is a gang enhancement (Pen. Code, § 186.22, subd. (b)) attached to it. Sweeney filed a Proposition 47 petition to reduce his felony convictions for receiving stolen property to misdemeanors. The prosecutor argued the convictions were ineligible for reduction because there was a gang enhancement attached to each one. The trial court denied the petition. Sweeney appealed. Held: Reversed and remanded. Proposition 47 reduced a number of nonviolent drug and theft offenses from felonies to misdemeanors and created mechanisms for a person who already…

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Name: People v. Reyes-Tornero
Case #: F069243
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 10/19/2016

Multiple victim exception to Penal Code section 654 permits punishment for several great bodily injury enhancements (Pen. Code, § 12022.7) even though only one person was injured. In addition to other offenses, a jury convicted Reyes-Tornero of multiple assault counts, one for each person he pointed a gun at during a robbery. Each of those counts also had a great bodily injury enhancement attached to it based on the fact Reyes-Tornero shot one of the victims during the robbery. Reyes-Tornero appealed, arguing that punishment for two of the great bodily injury enhancements should have been stayed pursuant to section 654.…

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Name: People v. Acosta
Case #: B263849
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 05/31/2016
Subsequent History: Review granted 8/17/2016: S235773

After granting defendant Proposition 47 relief in three separate cases with an aggregate sentence, trial court had authority to reimpose prior prison term enhancements (Pen. Code, § 667.5, subd. (b)) where one felony remained. At Acosta's sentencing for convictions arising from three different felony cases, the court imposed six one-year prison prior enhancements. The trial court specifically attached the enhancements to Acosta's felony drug possession conviction in one of the cases and dismissed the six prison prior enhancements as to the two other cases involving felony petty theft with a prior and felony resisting arrest, reasoning that the enhancements could…

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Name: People v. Mohamed
Case #: B262627
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 05/03/2016

Doctor charged with involuntary manslaughter for patient's death not entitled to instruction that his medical assistant was an accomplice. Mohamed gave a patient too many opioids to keep her sedated during a liposuction procedure and she died. His assistant, who administered the fatal dose at his direction, testified during his trial, as did experts who opined that his methods constituted "extreme negligence." A jury convicted Mohamed of involuntary manslaughter (Pen. Code, § 192, subd. (b)) and elder abuse. On appeal, Mohamed argued that his assistant was an accomplice, and that without her uncorroborated testimony there was insufficient evidence to support…

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Name: People v. Kelly
Case #: F069270
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 03/24/2016

Aggravated kidnapping circumstance (Pen. Code, § 667.61, subd. (d)(2)) was proper despite fact kidnapping occurred after, not before or during, oral copulation. Kelly forced a woman to orally copulate him then put her in his car and drove to a liquor store where she was able to escape. He was convicted of a number of offenses, including forcible oral copulation, and the jury found true an aggravated kidnapping circumstance. Based on the aggravated kidnapping circumstance, Kelly was sentenced to a term of 25 years to life under the One Strike law. He appealed, arguing there was insufficient evidence to prove…

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Name: People v. Cunningham
Case #: E063206
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 02/17/2016

Where doctors medically induced a coma to save the victim's life, the evidence supported an enhancement for infliction of great bodily injury which caused the victim to become comatose. A jury convicted defendant of attempted murder (Pen. Code, §§ 664/187), robbery (Pen. Code, § 211), and found true that defendant inflicted great bodily injury which caused the victim to become comatose (Pen. Code, § 12022.7, subd. (b)). Defendant admitted a prior prison term enhancement (Pen. Code, § 667.5, subd. (c)) and two prior serious felonies (Pen. Code, § 667, subds. (a)(1), (c), (e)). He received life Three Strikes sentences plus…

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