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Name: In re A.M.
Case #: B329999
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 05/31/2024

The Court of Appeal holds that when a minor was sentenced as an adult prior to the passage of Prop 57 and the sentence is later vacated on habeas corpus, the judgment becomes nonfinal and the defendant is entitled to retroactive application of ameliorative laws, including SB 1391 and AB 333. The minor’s case only becomes final when the criminal proceeding as a whole has ended and the courts can no longer provide a remedy on direct review. Where AB 333's amendments to PC 186.22's gang-murder special circumstance provisions apply retroactively, Chapman harmless error review is appropriate.

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Name: People v. Lewis (2024) 101 Cal.App.5th 401
Case #: E082085
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 01/03/2024
Subsequent History: Ordered published 4/10/2024

Trial court abused its discretion in denying compassionate release under Penal Code section 1172.2 where the finding that defendant posed an unreasonable risk of danger to public safety was not supported by substantial evidence. Defendant was convicted of first degree murder committed in 2020. He was also associated with a street gang and had a significant criminal history. In 2023, the CDCR’s director of Health Care Services sent a letter to the superior court recommending compassionate release under section 1172.2. Defendant was diagnosed with ALS, which was rapidly progressing, and he had “a clear end of life trajectory.” Defendant had…

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Name: People v. Fouse (2024) 98 Cal.App.5th 1131
Case #: F085131
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 01/18/2024

Where defendant’s attempted murder convictions were vacated under Penal Code section 1172.6, and the target offense of robbery was charged, subdivision (d)(3) required the trial court to resentence defendant on the remaining charges rather than redesignating her convictions as other offenses under subdivision (e). In 2006, a jury convicted defendant of two counts of attempted murder of a peace officer, three counts of first degree robbery, one count of assault likely to cause great bodily injury, and one count of conspiracy to commit first degree robbery. Defendant, who was the getaway driver, petitioned for resentencing under section 1172.6 and was…

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Name: People v. Miller
Case #: H043613
District 6 DCA
Opinion Date: 05/29/2018

The five-year California residency prerequisite to filing a petition for certificate of rehabilitation applies to probationers as well as defendants who are released from prison or jail. Miller was convicted of felony transportation or sale of marijuana in 1987. He was placed on probation with county jail time. In 2015, while living in Montana, he petitioned for a certificate of rehabilitation (Pen. Code, § 4852.01 et seq.). The petition was denied because Miller did not reside in California when he filed it. He appealed, alleging the residency requirement only applies to defendants who are released from state prison or a…

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Name: People v. Khamvongsa
Case #: B269998
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 02/24/2017

A defendant whose prior felony conviction has been reclassified as a misdemeanor under Proposition 47 may seek dismissal of the offense (Pen. Code, § 1203.4a) despite having served a prior prison term for the conviction. In 2002, defendant pleaded guilty to felony possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)), and being under the influence of a drug (Health & Saf. Code, § 11550, subd. (a)), and admitted a strike prior. She was sentenced to state prison. In November 2015, her Proposition 47 petition was granted and the offense was reclassified as a misdemeanor. Defendant…

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Name: People v. Etheridge
Case #: B261512
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 10/26/2015

A finding of actual innocence (Pen. Code, § 1485.55, subd. (b)) requires the defendant to show that he or she did not perform the acts that characterize the crime or are elements of the crime, and was therefore wrongfully convicted and unlawfully imprisoned. In 1996, Etheridge took a steak from a grocery store. As he was pursued by security guards he discarded the steak, and then struggled with the guards. He was convicted of robbery and prior serious felonies were found true. He received a life Three Strikes sentence. In 2012 Etheridge filed a writ petition challenging the sufficiency of…

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Name: People v. Moreno
Case #: A138758
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 11/21/2014

Once defendant's felonies were reduced to misdemeanors, he was ineligible to petition for a certificate of rehabilitation. In 1971, Moreno was convicted of possessing barbiturates. In 1973 he was convicted of assault with a deadly weapon. He completed his felony probation in both cases. Years later, he successfully petitioned to have his felonies reduced to misdemeanors and dismissed (Pen. Code, § 1203.4). Two years later he petitioned for a certificate of rehabilitation (Pen. Code, § 4852.01), which was denied because Moreno was no longer "convicted of a felony." He appealed. Held: Affirmed. Section 4851.01 allows any person "convicted of a…

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Name: People v. Kim
Case #: H037320
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 12/19/2012

Trial court lacked jurisdiction to dismiss defendant's conviction 14 years after he pled guilty, in order to avoid deportation consequences of plea. Defendant, a South Korean citizen, has been a lawful permanent resident of the U.S. since 1986. As a juvenile he was made a ward after engaging in criminal behavior; as an adult, he suffered several theft-related convictions. In 1997 he pled guilty to petty theft with a prior, for which he served prison time. When immigration authorities commenced deportation proceedings, defendant mounted several collateral challenges to his convictions. In 2005 a trial court vacated the petty theft with…

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Name: People v. Gerold
Case #: E045848
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/03/2009

Defendant found not guilty by reason of insanity was not factually innocent for purposes of statute permitting sealing of arrest records. Gerold was found not guilty by reason of insanity and spent four years in a state hospital. Five and a half years after his release, he petitioned pursuant to Penal Code section 851.8 to have his arrest records sealed and destroyed. The court granted his request and the prosecutor appealed, arguing that the court acted in excess of its jurisdiction because the petition was not brought within the statutory time frame (two years of the filing…

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Name: Jennings v. Mukasey
Case #: 05-16869
Court: US Court of Appeals
District 9 Cir
Opinion Date: 12/20/2007

Expungement of a conviction under California Penal Code section 1203.4 or section 1203.4a, is not an expungement under federal law and, therefore, does not qualify an applicant to obtain a firearms license under the Federal Firarms Licensing Law. Appellant was convicted of misdemeanor domestic violence in California but 12 years later was granted relief under Penal Code section 1203.4. For purposes of the federal statute, this relief did not expunge his…

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