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Name: People v. Allison
Case #: A153527
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 09/05/2019

Petitioner was not required to obtain certificate of probable cause (CPC) prior to filing a habeas petition in the superior court challenging his unlawful sentence. From 2000 to 2005, Allison pleaded no contest to multiple violent felonies in three different cases. He ultimately received an aggregate 51-year term in 2005 as part of his plea agreement in the third case. In 2017, he filed a habeas petition alleging multiple sentencing errors, which was granted (in 2015, CDCR had also written a letter to the trial court stating that Allison's abstract of judgment could be in error or incomplete for…

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Name: People v. Nguyen
Case #: E066293
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 12/11/2017

Trial court erred by imposing five-year prior serious felony enhancement (Pen. Code, § 667, subd. (a)) where the information alleged the fact of the prior for purposes of a prior prison term enhancement and Three Strikes law, but failed to plead the prior serious felony enhancement. Defendant was convicted of first degree burglary (Pen. Code, § 459) and other offenses. He admitted he had a prior 2004 conviction for first degree burglary. The information had alleged that this prior (1) was a serious and violent felony within the meaning of the Three Strikes law (citing Pen. Code, § 667,…

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Name: People v. Sawyers
Case #: B266897
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 09/26/2017

Three Strikes sentence reversed where charging document failed to give notice that defendant was subject to a Three Strikes life sentence. Sawyers was convicted of first degree murder, gun use, and other offenses based on an incident where he and fellow gang members shot into a rival gang member's house, killing an elderly man. As to the murder, the trial court sentenced Sawyers to 25-years-to-life, doubled due to a serious felony prior, plus 25-years-to-life for the gun use. On appeal, Sawyers argued the Three Strikes sentence was illegal because the information had failed to allege his prior offense was a…

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Name: People v. Salvador
Case #: A142488
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 02/04/2016

Penal Code section 186.22, subdivision (b)(1)(C) 10-year gang enhancement cannot be imposed when the defendant is convicted of an offense that carries a life term under the One Strike law (Pen. Code, § 667.61). Salvador was convicted of a number of gang-related offenses stemming from a sexual assault. The trial court imposed a sentence that included two indeterminate terms of 15 years to life under section 667.61, subdivision (b) and eight indeterminate terms of 25 years to life under section 667.61, subdivision (a). As to each of these terms, the court also imposed a separate consecutive 10-year term for…

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Name: People v. Nilsson
Case #: C070296
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/12/2015

Trial court erred by imposing aggravated white collar crime enhancement based in part on bribery offense that the prosecution did not plead and prove was related to the commission of a grand theft offense. Nilsson, the facilities superintendent for the Sacramento Public Library Authority, was involved in several schemes to receive kickbacks for library maintenance work provided by outside contractors. Another library employee, Mayle, and his wife, Rankins-Mayle, were involved in one of the schemes. Mayle and Rankins-Mayle were convicted of two counts of grand theft and offering a bribe to a public employee. An aggravated white collar crime enhancement…

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Name: People v. Martinez
Case #: F068719
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 09/30/2015

When a trial court terminates probation, it must order the previously suspended conviction into effect even when that sentence was a subordinate term imposed consecutively to a principal term that no longer exists. After Martinez violated probation in two separate cases, the trial court imposed an upper term for case one (the principal term) and a consecutive term of eight months (one-third the midterm of two years) in case two (the subordinate term). The trial court suspended execution of the sentence and reinstated Martinez on probation in both cases. He successfully completed probation in the first case. Thereafter, Martinez violated…

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Name: People v. Amaya
Case #: E060218
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/11/2015

Trial court's order mistakenly granting Proposition 36 relief to a petitioner who was ineligible is void and petitioner was properly resentenced to term of 25 years to life. In 2008, a jury found Amaya guilty of attempted extortion (Pen. Code, § 524) and found true a gang allegation (Pen. Code, § 186.22, subd. (b)). Because Amaya had two prior strikes, he was sentenced to 25 years to life under the Three Strikes law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12). The trial court did not impose any term for the gang allegation and it was not reflected in the abstract…

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Name: People v. Therman
Case #: C077322
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/20/2015

Trial court properly imposed a five-year domestic violence protective order prohibiting the defendant from having contact with his wife (Pen. Code, § 136.2, subd. (i)) after he pled guilty to falsely imprisoning her (Pen. Code, § 236). Therman was charged with residential burglary, making criminal threats, and inflicting corporal injury on his spouse. He pled no contest to false imprisonment. The prosecutor stated that the factual basis for the plea was that false imprisonment was reasonably related to the crime of inflicting corporal injury on a spouse in that Therman used "force and/or violence [to] force his spouse to stay…

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Name: People v. Toure
Case #: E058915
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 01/05/2015

Warrantless nonconsensual blood draw was justified by exigent circumstances following arrest for driving under the influence. An intoxicated Toure drove his truck against traffic and caused an accident. Responding officers were unable to perform field sobriety tests because Toure was resistant and combative. Without consent, officers drew Toure's blood and test results showed a .15 percent blood alcohol level. He was found guilty of felony driving under the influence of alcohol causing injury (Veh. Code, § 23153, subd. (a)), driving with .08 or higher blood alcohol (Veh. Code, § 23153, subd. (b)), and other offenses, and sentenced to a total…

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Name: People v. Mason
Case #: D063793
Court: CA Court of Appeal
District 4 DCA
Opinion Date: 12/15/2014

There was insufficient evidence to support three of defendant's four convictions for possession of a firearm by a felon (former Pen. Code, § 12021, subd. (a)(1)) where there was no evidence that his possession of a single gun was interrupted. Mason used the same gun to commit a series of crimes, including a murder. Among other offenses, a jury convicted him of first degree murder, attempted murder, assault with a firearm, shooting at an inhabited dwelling, and four counts of possession of a firearm by a felon. Each of the four felon-in-possession counts specified a date of possession, corresponding to…

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