Sentencing

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
  • Categories: Areas Constitutional Law, Choice of Counsel, Double Jeopardy, Enhancements, Marsden, Right to Counsel, Sentencing

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…

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Name: People v. James
Case #: B146548
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 08/27/2001
Subsequent History: None
  • Categories: Prop 21 - Gang Violence, Sentencing

Appellant was charged with a felony and two prior "strikes" for assault with a firearm and for shooting into an inhabited dwelling. At the time the prior offenses were committed, those offenses were only serious felonies if the defendant personally…

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Name: People v. James
Case #: B146548
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 08/27/2001
Subsequent History: None
  • Categories: Ex Post facto, Sentencing

Appellant was charged with a felony and two prior "strikes" for assault with a firearm and for shooting into an inhabited dwelling. At the time the prior offenses were committed, those offenses were only serious felonies if the defendant personally…

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Name: In re Marcus A.
Case #: J152626
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/08/2001
Subsequent History: None
  • Categories: Prop 21 - Gang Violence, Sentencing

Proposition 21, which became effective on March 8, 2000, changed the operation of Welfare and Institutions Code section 777, which provides for a hearing on the issue of a more restrictive placement upon a violation of probation. Since Proposition 21,…

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Name: In re Eduardo C.
Case #: B142094
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 07/19/2001
Subsequent History: None
  • Categories: Prop 21 - Gang Violence, Sentencing

The court held the record and probation report failed to provide sufficient facts to support imposition of the duty to register as a gang member under Proposition 21 (Pen. Code, sec. 186.30). There was no showing of a prior conviction…

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Name: People v. Solis
Case #: B142250
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 07/20/2001
Subsequent History: None
  • Categories: Double Punishment (PC 654), Sentencing

Defendant left threatening messages on his ex-girlfriend’s answering machine, including a threat to burn her home down and that he did not care who was home (another woman shared the apartment with her). He did set a fire in her…

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Name: People v. Hutchins
Case #: A092450
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 07/24/2001
Subsequent History: None
  • Categories: Double Punishment (PC 654), Sentencing

Penal Code section 654 did not prohibit punishment for both personally and intentionally discharging a firearm, proximately causing great bodily injury, and for second degree murder.

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Name: People v. Ramirez
Case #: A090876
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 07/25/2001
Subsequent History: Opn. modified 8/8/01; rehrg. den. 8/23/01; rev. grant & hold 10/24/01; depublished pending rev.
  • Categories: Credits, Sentencing

The trial court did not impose an unauthorized sentence by holding the defendant to an agreement to waive credit for time served during the period between his arrest and the revocation of his probation. The court told defendant, who had…

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