Skip to content
Name: People v. Johnson
Case #: D071011
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/05/2019

Trial court's failure to instruct the jury on second degree murder or voluntary manslaughter was not error because the evidence did not support these instructions. Johnson and Guthrie committed a "hit" on Canady in a barber shop, allegedly ordered by a drug kingpin named Grant. Johnson was convicted of first degree murder and a personal gun use enhancement was found true. Guthrie was also convicted of first degree murder and a serious felony prior was found true. A strike prior was found true as to each defendant. On appeal, Johnson challenged the trial court's failure to instruct the jury on…

View Full Summary
Name: San Nicholas v. Harris
Case #: D069769
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/28/2016

Defendant's Washington state conviction for communicating with a minor for immoral purposes requires him to register as a sex offender in California. Defendant pleaded guilty in Washington to communicating with a minor for immoral purposes (RCW 9.68A.090), causing the California Attorney General to enroll him in the Department of Justice's sex offender tracking program. He filed a petition for writ of mandate in the superior court directing the Attorney General to remove him from the tracking program and to obtain an order that he is not required to register as a sex offender in California (Pen. Code, § 290.005, subd.…

View Full Summary
Name: People v. Griffis
Case #: C070266
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/14/2013

Under the 2011 Realignment Act, a prior "strike" conviction disqualifying a defendant from local custody need not be pled and proven, but there must be sufficient evidence that the out-of-state conviction qualifies as a California "strike." Defendant pled guilty to possession of methamphetamine and stolen property and was sentenced to two years and eight months in prison rather than local custody. In denying local custody, the court relied on appellant's prior conviction for a Washington state residential burglary. Under the statute implementing the Realignment Act, there is no requirement that, for purposes of place of incarceration, the disqualifying…

View Full Summary
Name: People v. Washington
Case #: D060411
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 10/31/2012

An Illinois conviction for aggravated battery is a serious felony within the meaning of Penal Code section 1192.7, subdivision (c) and thus qualifies as a "strike." Following his conviction of various offenses, appellant admitted a prior Illinois conviction for aggravated battery (720 Ill. Comp. Stat. 5/12-4 (a) (2003)) and the trial court found that the conviction qualified as a "strike" under California law. On appeal, appellant argued that the element of "great bodily harm" under Illinois law does not equate to "great bodily injury" as required under Penal Code section 1192.7, subdivision (c)(8) (personal infliction of great bodily injury). …

View Full Summary
Name: People v. Self
Case #: D058656
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 04/04/2012

When the statutory definition of a crime in a foreign jurisdiction does not contain all of the necessary elements of Vehicle Code section 23152, handwritten notations on the foreign judgment regarding a defendant's BAC that are not relevant to a determination of the crime committed do not establish that the BAC was either admitted or adjudicated and cannot be used to enhance a sentence. Appellant was charged with driving under the influence with three prior convictions, a felony offense. One of the prior convictions was a violation of an Arizona statute that makes it unlawful to operate any vehicle…

View Full Summary
Name: People v. Roberts
Case #: H035158
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 05/24/2011

The nature of a prior conviction may not be proven by the record of statements made after a plea of guilty on the basis that there was an adoptive admission under an exception to the hearsay rule. The challenge was to the sufficiency of evidence to prove that a conviction from Washington state for second degree assault constituted a strike. Proof of the prior was based on the introduction of the documents reflecting the conviction: the information, the plea, and judgment; and, the transcript of the plea and sentencing hearing. The guilty plea included admission of the element of substantial…

View Full Summary
Name: People v. Eckard
Case #: B224292
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 05/25/2011

An out-of-state misdemeanor conviction for indecent exposure does not trigger the felony sentencing provision of Penal Code section 314. The language of section 314 elevates an indecent exposure to a felony, "Upon the second and each subsequent conviction under subdivision 1 of this section, or upon a first conviction under subdivision 1 of this section after a previous conviction under Section 288. . . ." The description of "under subdivision 1 of this section" requires that the prior indecent exposure have been a California conviction. The Legislature frequently has written statutes to permit convictions from other jurisdictions to be used…

View Full Summary
Name: U.S. Snellenberger
Case #: 06-50169
Court: US Court of Appeals
District 9 Cir
Opinion Date: 10/28/2008

A federal court may use a clerk's minute order to determine the nature of a conviction when conducting a categorical determination to see if a prior conviction is a crime of violence. In this appeal, appellant argued that the federal court could not rely on a California clerk's minute order to determine if he previously pled to residential burglary so as to qualify as a career offender under the federal sentencing guidelines. The Ninth Circuit held minute orders are sufficiently reliable and can be considered for this purpose. Pursuant to Penal Code section 1207, the court clerk…

View Full Summary
Name: People v. Rodriguez
Case #: B165974
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 09/09/2004

The trial court's determinations that appellant's prior Texas convictions qualified as serious felonies were reversed. The evidence of appellant's 1976 Texas robbery conviction was insufficient to show that he had committed a serious felony under California law because asportation, and the taking of property from the person or his or her immediate presence, are not elements of robbery in Texas, and the evidence was not sufficient to establish either of these elements. Texas law did not require entry of an inhabited building with the intent to commit a felony as an element of the crime of burglary. As…

View Full Summary
Name: People v. Warner
Case #: C038245
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/10/2004
Subsequent History: Rev. granted 9/15/04: S126233

On remand from the California Supreme Court, the Court of Appeal was directed to reconsider whether defendant’s prior conviction from Nebraska constituted a serious felony under Penal Code section 667, subdivisions (a) and (b) through (i). Defendant had been convicted under a Nebraska statute criminalizing intentional touching of a minor aged 14 years or younger. In order to qualify as a serious felony under California law, the defendant’s prior must have involved "a lewd or lascivious act on a child under the age of 14 years." Noting that it was not limited to consideration of the least-adjudicated…

View Full Summary