Sentencing

Name: People v. Shkrabak (2023) 89 Cal.App.5th 943
Case #: C096266
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/28/2023
  • Categories: 1368 Competence, Areas Constitutional Law, Credits, Equal Protection, Pretrial Motions, Sentencing

Under equal protection principles, defendant is entitled to custody credits for time spent in state hospital after the trial court found him incompetent to stand trial. On appeal, defendant requested a recalculation of his custody credit to include time spent…

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Name: People v. Bolanos
Case #: F082970
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 01/26/2023
  • Categories: Areas Constitutional Law, Double Punish. (PC 654/AB 518), Due Process, Equal Protection, One Strike Law, Pleadings, Requirements of, Sentencing

The youthful offender parole scheme under Penal Code section 3051 does not, on its face, violate equal protection. Appellant was 22 years old when he committed various sex crimes for which he was sentenced to serve two LWOP terms and…

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Name: People v. Morgan
Case #: D080016
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/20/2023
  • Categories: Crimes, Enhancements, Legislation, Sentencing, Statutory Construction, Vehicle Code Violations

Trial court erred in concluding defendant’s driving under the influence (DUI) charges could be elevated to felonies where defendant had not suffered a qualifying sentence-enhancing prior conviction listed in Vehicle Code section 23550.5, subdivision (b). Under Vehicle Code section 23550.5,…

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Name: People v. Davis
Case #: A164046
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 01/19/2023
  • Categories: Credits, Sentencing

Defendant was not entitled to presentence custody credits under Penal Code section 2900.5 for time spent in a residential treatment program where he voluntarily entered the program and his stay there was not attributable to the proceedings relating to his…

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Name: People v. Lewis (2023) 88 Cal.App.5th 1125
Case #: E076449
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 03/02/2023
  • Categories: SB 567 Upper Term, Sentencing

Defendant's case was remanded for resentencing under amended Penal Code section 1170(b) because the imposition of his upper term sentences was not harmless under the Court of Appeal’s two-part harmless error test for SB 567. A jury convicted Lewis of…

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Name: People v. Ung (2023) 88 Cal.App.5th 997
Case #: H049359
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 02/28/2023
  • Categories: Restitution, Sentencing

Order for in-kind restitution in the form of cryptocurrency for cryptocurrency theft was neither an abuse of discretion nor a violation of due process. Ung pleaded no contest to multiple theft-related felonies for stealing significant amounts of cryptocurrency. The trial…

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Name: People v. Pierce (2023) 88 Cal.App.5th 1074
Case #: B322890
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 02/28/2023
  • Categories: Recall of Sentence (PC 1172.1), Sentencing

The order summarily denying CDCR’s recommendation for recall of defendant’s 2011 stipulated sentence was reversed based on the new recall and resentencing procedures. The defendant entered into a plea agreement under which he received a stipulated term of 19 years…

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Name: People v. Jones (2023) 88 Cal.App.5th 818
Case #: B318732
Court: CA Court of Appeal
District 2 DCA
Division: 9
Opinion Date: 02/27/2023
  • Categories: Credits, Pleas, Sentencing

The trial court erred in failing to award presentence custody credits under Penal Code section 4019 because defendant’s current and prior assault with a firearm convictions did not qualify as violent felonies. Defendant pleaded no contest to one count of…

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Name: People v. Hiller (2023) 91 Cal.App.5th 335
Case #: A165126
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 05/09/2023
  • Categories: Priors, Prop 36 - Three Strikes, Sentencing, Three Strike Priors

Prior convictions for robbery in Washington State did not support prior serious or violent conviction sentencing enhancement in California. The trial court found true the allegations that defendant had been convicted of three serious or violent felonies in Washington, specifically…

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Name: People v. Johnson (2023) 88 Cal.App.5th 487
Case #: A162599
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 02/21/2023
  • Categories: Cruel and Unusual Punishment, One Strike Law, Sentencing

Penal Code section 667.6, subdivision (d), which requires full consecutive sentences on specific sex crimes if the trial court makes certain factual findings, violates a defendant’s Sixth Amendment right to a jury trial. Johnson admitted engaging in sexual conduct with…

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