Sentencing

Name: People v. Duran
Case #: G024274
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/14/2001
Subsequent History: Rehg. den. 8/22/01
  • Categories: Crimes, Crimes Against Property, Crimes Against the Person, Lesser-Included Offenses, Sentencing

Appellant forced the driver of a car back into the car at gunpoint, and ordered him to drive. The driver's wife and baby were also in the car. The court held that a felonious taking under the carjacking statute can…

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Name: Resendiz v. Superior Court (People)
Case #: D036738
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/16/2001
Subsequent History: DEPUBLISHED 8/8/01 (S098656)
  • Categories: Areas Constitutional Law, Prop 21 - Gang Violence, Sentencing, Separation of Powers

Editor's note: this case has been depublished. Proposition 21 (The Gang Violence and Juvenile Crime Prevention Initiative) (effective 3/8/00) permits the prosecuting authority, in its discretion to file certain charges in either adult or juvenile court under Welfare and Institutions…

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Name: People v. Ly
Case #: B139382
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 05/16/2001
Subsequent History: Modif. on den. of rehg. 6/15/01 with no change in jmt; Rev. den. 8/22/01
  • Categories: Credits, Sentencing

Appellant was convicted of first degree murder; the crime occurred on February 27, 1996. Although Penal Code section 2933.2 prohibits presentence conduct credits for murderers, its effective date is June 3, 1998 and it applies prospectively only. Appellant was entitled…

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Name: People v. Ly
Case #: B139382
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 05/16/2001
Subsequent History: Modif. on den. of rehg. 6/15/01 with no change in jmt; Rev. den. 8/22/01
  • Categories: Credits, Sentencing

Appellant was convicted of first degree murder; the crime occurred on February 27, 1996. Although Penal Code section 2933.2 prohibits presentence conduct credits for murderers, its effective date is June 3, 1998 and it applies prospectively only. Appellant was entitled…

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Name: People v. Walker
Case #: D035890
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/23/2001
Subsequent History: Rev. den. 8/29/01
  • Categories: Appealable Orders, Appeals, Guilty Pleas, Pleas, Priors, Sentencing

The prosecution is not required to prove, as an element of the "truth of a prior conviction" the validity of the underlying plea. Therefore, where the trial court found one of appellant's prior "strikes" not to be true because the…

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Name: People v. Walker
Case #: D035890
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/02/2001
Subsequent History: Rehg. den. 6/8/01; Rev. den. 8/29
  • Categories: Evidence at Hearing/Burden, Sentencing

Defendant was charged with a prior "strikes" conviction. He made no allegation it was constitutionally invalid nor did he produce any evidence at the court trial on the prior. On its own initiative, the trial court found that the prosecution…

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Name: People v. Walker
Case #: D035890
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/02/2001
Subsequent History: Rehg. den. 6/8/01; Rev. den. 8/29
  • Categories: Appealable Orders, Appeals, Priors, Sentencing

Defendant was charged with a prior "strikes" conviction. He made no allegation it was constitutionally invalid nor did he produce any evidence at the court trial on the prior. On its own initiative, the trial court found that the prosecution…

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Name: In re Taylor
Case #: F036604
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 05/04/2001
Subsequent History: Modif. on den. rehg at 89 Cal.App.4th 406d; Rev. den. 8/29/01
  • Categories: Sentencing, Three Strike Priors

The right to a jury trial on a prior conviction derives solely from California statutory law. Therefore, the United States Supreme Court decision in Apprendi v. New Jersey (2000) 530 U.S. 466, which held that any fact which increases the…

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Name: People v. Alvarez
Case #: E026734
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 05/04/2001
Subsequent History: Rev. den. 8/15/01
  • Categories: Enhancements, Sentencing

Appellant was convicted of murder and sentenced to 25 years to life, plus an additional sentence of 25 years to life for the use of a firearm, pursuant to Penal Code section 12022.53, subdivision (d). The imposition of the enhancement…

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Name: People v. O’Casey
Case #: F034287
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 05/01/2001
Subsequent History: None
  • Categories: Restitution, Sentencing

A workers' compensation insurer is a direct victim of workers' compensation insurance fraud, and is thus entitled to restitution when the defendant is granted probation. Unlike the usual liability insurance carrier that reimburses crime victims for their loss, here the…

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