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People v. Carr
Defendant's motion to vacate his drunk driving murder conviction under changes to the felony murder rule was denied where his conviction was proof that he appreciated the risk of driving drunk. 		Criminal Law and Procedure 4DCA/2 Apr. 10, 2023
People v. Didyavong
Penal Code Section 1172.6--resentencing based on felony murder rule changes--does not have a mechanism to reduce a conviction from first degree murder to second degree murder. 		Criminal Law and Procedure 4DCA/1 Apr. 10, 2023
Nijmeddin v. Superior Court (People)
Trial court erred in denying plaintiff's compassionate release since he did not pose an unreasonable risk of danger to the public as a wheelchair-bound 65-year-old with pancreatic cancer. 		Criminal Law and Procedure 6DCA Apr. 7, 2023
In re Ferrell
Reasonable jury could have found in favor of the defendant had it not been given erroneous jury instruction regarding legally invalid theory of murder. 		Criminal Law and Procedure CASC Apr. 7, 2023
Modification: People v. Shkrabak
Schizophrenic defendant's motion to dismiss his prior conviction for brandishing a knife on his father was denied because dismissal would endanger public safety. 		Criminal Law and Procedure 3DCA Apr. 6, 2023
People v. Jones
The trial court lost jurisdiction over the jurors when it erroneously told them they were excused from jury duty, rendering their later verdict a nullity. 		Criminal Law and Procedure 1DCA/5 Apr. 6, 2023
Duke v. Gastelo
Federal abstention was inappropriate where petitioner had no opportunity to raise constitutional challenges in state court proceeding and requested the federal petition be stayed pending resolution of the state proceeding. 		Criminal Law and Procedure 9th Apr. 6, 2023
In re Lopez
Gang-murder special circumstance, standing alone, did not necessarily show that jury instruction on the natural and probable consequences theory of aiding and abetting first degree murder was harmless beyond a reasonable doubt. 		Criminal Law and Procedure CASC Apr. 4, 2023
People v. Cooks
Alleged invalid waiver of right to appear at restitution hearings was not ripe for review where no hearings had been held. 		Criminal Law and Procedure 4DCA/1 Apr. 3, 2023
People v. Marquez
Whether the accused is "not a caretaker" is not an essential element required to be proven by the prosecution for felony elder theft under Penal Code Section 368(d). 		Criminal Law and Procedure 4DCA/3 Apr. 3, 2023
In re Kerins
Despite the 14-year delay, the trial court acted within its discretion in determining petitioner's speedy trial rights were not violated where the delay was primarily due to petitioner's continuance requests. 		Criminal Law and Procedure 1DCA/4 Apr. 3, 2023
People v. Vaca
Granting a motion under Penal Code Section 1473.7 for failure to understand immigration consequences of a plea does not require dismissal of the underlying criminal complaint. 		Criminal Law and Procedure 1DCA/4 Apr. 3, 2023
People v. Wilson
Prosecutor's statement that jury could "presume" from evidence of uncharged sexual offense that defendant committed a crime was not misconduct because jury would have understood "presume" in its colloquial sense. 		Criminal Law and Procedure 4DCA/1 Mar. 31, 2023
People v. Shkrabak
Schizophrenic defendant's motion to dismiss his prior conviction for brandishing a knife on his father was denied because dismissal would endanger public safety. 		Criminal Law and Procedure 3DCA Mar. 30, 2023
People v. Pantaleon
The People were not required to plead aggravating factors because aggravating factors are not the same as enhancements under amended Penal Code Section 1170.1(e). 		Criminal Law and Procedure 3DCA Mar. 30, 2023
People v. Bautista-Castanon
Though defendant's lewd act convictions were affirmed, changes to Penal Code Sections 1170 and 654 required remand for resentencing. 		Criminal Law and Procedure 1DCA/4 Mar. 30, 2023
People v. Hurtado
Denial of resentencing petition without appointing counsel was harmless error where petitioner was ineligible for the relief sought as a matter of law. 		Criminal Law and Procedure 2DCA/6 Mar. 29, 2023
Modification: Estrada v. Superior Court (People)
Trial court did not abuse its discretion by continuing criminal cases past statutory last day for trial due to the COVID-19 pandemic. 		Criminal Law and Procedure 1DCA/1 Mar. 29, 2023
People v. Butler
Remand for resentencing necessary because court could not conclude beyond a reasonable doubt that jury would have found true beyond a reasonable doubt all of the aggravating factors on which trial court relied in selecting upper term. 		Criminal Law and Procedure 4DCA/2 Mar. 29, 2023
People v. Brown
Even absent a showing of good cause, a court should grant a continuance on a suppression hearing where doing otherwise would eliminate the prosecution's ability to prosecute a legitimate case. 		Criminal Law and Procedure CASC Mar. 28, 2023
People v. Myles
Court erred in modifying the theft by larceny pattern instructions since it gave the jury an incomplete definition that omitted the crime's specific intent to steal element. 		Criminal Law and Procedure 4DCA/1 Mar. 27, 2023
People v. Patton
Petitioner who acted alone, pled no contest to attempted murder, and admitted to discharging firearm was not eligible for Section 1172.6 relief as a matter of law. 		Criminal Law and Procedure 2DCA/3 Mar. 24, 2023
People v. Villalba
Defendant established prejudicial error when totality of evidence supported that he would not have agreed to plea with knowledge of the negative immigration consequences, given his extensive ties to the United States. 		Criminal Law and Procedure 2DCA/2 Mar. 23, 2023
People v. Nakano
Trial court abused its discretion when it terminated defendant's probation, prior to completion of a sex offender management program, without applying the standard required by Penal Code Section 1203.3(a). 		Criminal Law and Procedure 6DCA Mar. 22, 2023
Modification: People v. Burgess
Reversal warranted when trial court's factual findings evidenced there was no felony predicating the felony murder conviction. 		Criminal Law and Procedure 3DCA Mar. 21, 2023
People v. Ruiz
Habeas corpus petition for ineffective assistance of counsel was granted where defense counsel's complete lack of adversarial tactic was due to a brain tumor. 		Criminal Law and Procedure 2DCA/8 Mar. 16, 2023
People v. Burke
Penal Code Section 1385(c) is only applicable to enhancements and therefore could not be used to remove defendant's prior strike conviction. 		Criminal Law and Procedure 3DCA Mar. 15, 2023
People v. Tice
Testimony by victim and witness constituted substantial evidence upon which trial court could rely to conclude substance defendant sprayed on county employee was bodily fluid within the meaning of Penal Code Section 243.9(b). 		Criminal Law and Procedure 4DCA/2 Mar. 15, 2023
People v. Ngo
*Franklin* hearings, allowing the preservation of youth-related mitigating factors for a future hearing, do not violate equal protection principles, despite being unavailable to those sentenced to life without parole. 		Criminal Law and Procedure 4DCA/2 Mar. 14, 2023
People v. Oliva
Court did not need to bifurcate trial under newly enacted Penal Code Section 1109 because the gang evidence was relevant for defendant's murder charge and was not highly prejudicial. 		Criminal Law and Procedure 4DCA/2 Mar. 13, 2023
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