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People v. Hollie
Petitioner who was entitled to ameliorative resentencing because he could not be convicted or murder under current law was not entitled to a finding of factual innocence regarding the offense. 		Criminal Law and Procedure 2DCA/7 Nov. 30, 2023
People v. Evers
Defendant waived his right to argue that restitution fines were unconstitutional because he did not argue that he lacked the ability to pay the fines and did not request a hearing concerning his ability to pay. 		Criminal Law and Procedure 1DCA/4 Nov. 30, 2023
People v. Turner
Trial court erred in determining that defendant's charges dismissal because of COVID-19 pandemic was not due to excusable neglect. 		Criminal Law and Procedure 4DCA/2 Nov. 30, 2023
People v. Curiel
Jury's finding of intent to kill did not, itself, conclusively establish defendant's ineligibility for relief under Penal Code Section 1172.6. 		Criminal Law and Procedure CASC Nov. 28, 2023
People v. Trammel
*Serrato* exception to double jeopardy did not apply because trial court imposed a harsher sentence on remand rather than a more lenient one. 		Criminal Law and Procedure 1DCA/1 Nov. 22, 2023
People v. Nunez
Trial court did not err when it instructed jury that for provocation to reduce first degree to second degree murder, provocation must come from victim, not someone else. 		Criminal Law and Procedure 4DCA/3 Nov. 22, 2023
People v. Mazur
Penal Code Section 1385 provided trial court with discretion to not dismiss fraudster's white-collar enhancement in the interest of justice. 		Criminal Law and Procedure 4DCA/1 Nov. 22, 2023
H.B. v. Superior Court (Hall)
Victim of human trafficking was statutorily entitled to restitution for economic loss suffered when defendant stole her income for himself despite the fact her labor was itself an illegal activity. 		Criminal Law and Procedure 1DCA/4 Nov. 21, 2023
People v. Cota
Recently amended Penal Code Section 1385(c) did not require mandatory dismissal of sentencing enhancements because mandatory language was subject to the court's statutory discretion. 		Criminal Law and Procedure 5DCA Nov. 21, 2023
People v. Christianson
Section 1172.75 entitles inmates to resentencing even if the invalid enhancement was stayed. 		Criminal Law and Procedure 4DCA/1 Nov. 21, 2023
People v. Salazar
Case was remanded for resentencing under the newly enacted Senate Bill No. 567 because defendant had qualifying psychological trauma and violence criminal history did not outweigh the lower term presumption. 		Criminal Law and Procedure CASC Nov. 21, 2023
People v. Banks
Sufficient evidence supported finding that criminal defendant used force to cause a minor to engage in a commercial sex act where text messages showed defendant was abusive and psychologically manipulative. 		Criminal Law and Procedure 2DCA/6 Nov. 21, 2023
People v. Allen
Defendant was ineligible for felony murder amendment resentencing because all charges the jury was instructed on required a finding of intent to kill. 		Criminal Law and Procedure 2DCA/6 Nov. 21, 2023
People v. Reyes
Defendant was ineligible for resentencing under Penal Code Section 1172.6 because his conviction occurred after the changes to murder liability had already become effective. 		Criminal Law and Procedure 5DCA Nov. 20, 2023
In re Hicks
Mixed offense inmate who was not currently serving the sentence for his violent felony was not entitled to early parole consideration. 		Criminal Law and Procedure 2DCA/2 Nov. 20, 2023
People v. Gomez
Remanding restitution order for noneconomic losses was necessary where the record contained no evidence regarding of the impact the crimes had on the victim. 		Criminal Law and Procedure 1DCA/5 Nov. 16, 2023
People v. Villegas
Defendant must be informed of potential longer sentence to not run afoul of due process fair notice violation. 		Criminal Law and Procedure 1DCA/1 Nov. 16, 2023
Zepeda v. Superior Court (People)
The term "circumstances in aggravation" in the amended Penal Code Section 1170(b)(2) refers to aggravating factors listed in California Rules of Court, Rule 4.421 and they are not unconstitutionally vague. 		Criminal Law and Procedure 1DCA/4 Nov. 15, 2023
People v. Rhodius
Defendant was not entitled to full resentencing because his now-invalid prison-prior enhancements had been previously stayed. 		Criminal Law and Procedure 4DCA/2 Nov. 15, 2023
People v. Renteria
Criminal defendant entitled to full resentencing was not entitled to have sentence enhancement resulting in sentence exceeding 20 years stricken where trial court determined striking it would endanger public safety. 		Criminal Law and Procedure 6DCA Nov. 13, 2023
Bakersfield Californian v. Superior Court (Roberts)
Defendant accused of murder overcame constitutional newspersons shield by showing a reasonable possibility that the newspaper's unpublished interview material with codefendant contained evidentiary value. 		Criminal Law and Procedure 5DCA Nov. 9, 2023
U.S. v. Vinge
To warrant a leader-or-organizer sentencing enhancement for a drug offense, a defendant must have the ability and influence necessary to coordinate the activities of others to achieve a desired result. 		Criminal Law and Procedure 9th Nov. 9, 2023
Boitez v. Superior Court (People)
Consent to search was not an intelligent and voluntary waiver of rights when it would not have been given but for officer's false promise of leniency about towing of vehicle. 		Criminal Law and Procedure 3DCA Nov. 8, 2023
Modification: People v. Coddington
Defendant was entitled to seek further reductions of his prison term even after trial court granted his motion to remove one of the enhancements. 		Criminal Law and Procedure 1DCA/1 Nov. 3, 2023
People v. Flores
Defendant convicted of provocative act murder was ineligible for resentencing because the theory of provocative act murder was unchanged by the elimination of participation-based imputed malice theories. 		Criminal Law and Procedure 4DCA/1 Nov. 3, 2023
People v. Medrano
Defendant could not bring a second Section 1172.6 resentencing petition because, under the law of the case doctrine, there was no new evidence that would have affected the earlier opinion. 		Criminal Law and Procedure 2DCA/6 Oct. 31, 2023
People v. LaRoche
Though plaintiff's economic loss included cost of allegedly stolen, irreplaceable object, it did not include the cost of obtaining that item. 		Criminal Law and Procedure 3DCA Oct. 27, 2023
People v. Hupp
A judge is not an "executive officer" within the meaning of Penal Code Section 69, which makes it a crime to attempt to deter, by means of any threat, an executive officer from performing a legal duty. 		Criminal Law and Procedure 4DCA/2 Oct. 27, 2023
People v. Ponder
Criminal defendant was not entitled to dismissal of sentence enhancement despite evidence of mitigating circumstances where trial court weighed those factors but determined dismissal was not in furtherance of justice. 		Criminal Law and Procedure 1DCA/2 Oct. 27, 2023
People v. Shah
Because victims of crime have a constitutional right to restitution, trial court still had jurisdiction to levy fraudulently obtained property even eight years after defrauder's original sentencing. 		Criminal Law and Procedure 1DCA/2 Oct. 26, 2023
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