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People v. Beasley
Stated reasons for dismissing criminal defendant's three prior strike convictions did not reasonably and justifiably support the conclusion that defendant fell outside the spirit of the Three Strikes law. 		Criminal Law and Procedure 4DCA/3 Jul. 25, 2022
Modification: People v. Manzanilla
The failure of defendant's legal counsel to specifically inform him that his aggravated felony plea would subject him to mandatory deportation was a prejudicial error requiring reversal. 		Criminal Law and Procedure 2DCA/8 Jul. 25, 2022
U.S. v. Oliver
Defendant's false monthly supervision report was not exempt under the judicial proceeding exception to 18 United States Code Section 1001 since it was made to his probation officer, not a judge. 		Criminal Law and Procedure 9th Jul. 25, 2022
People v. Dunn
Trial court's finding of the upper term for a criminal conviction was affirmed because the one aggravating circumstance not stipulated to would have been assessed the same way by a jury. 		Criminal Law and Procedure 5DCA Jul. 22, 2022
U.S. v. Nault
Officer's continuation of a stop to request defendant's documents did not violate the Fourth Amendment because that request fell within the stop's mission. 		Criminal Law and Procedure 9th Jul. 22, 2022
People v. Mataele
Limited remand was appropriate to allow trial court to determine whether to exercise newly conferred discretion regarding sentencing enhancements for firearm use and prior serious felony convictions. 		Criminal Law and Procedure CASC Jul. 22, 2022
Creech v. Richardson
When seeking federal habeas relief, where "new" evidence proffered for ineffective assistance of counsel claim was duplicative, it could not transform the claim into a new, unexhausted claim. 		Criminal Law and Procedure 9th Jul. 21, 2022
People v. M.H.
The trial court was not statutorily required to advise Mentally Disordered Offender of the right to call and confront witnesses at hearing challenging commitment. 		Criminal Law and Procedure 4DCA/2 Jul. 19, 2022
People v. Lee
Assembly Bill 333's amendment to "criminal street gang" definition applied to the voter-enacted gang-murder special circumstance enhancement. 		Criminal Law and Procedure 2DCA/4 Jul. 19, 2022
U.S. v. Dominguez-Caicedo
To determine a minimal role adjustment for sentencing, courts must compare the defendant's culpability with the average level of all participants in the crime, even those of recruiters, leaders, or organizers who were not charged. 		Criminal Law and Procedure 9th Jul. 19, 2022
Modification: People v. Bloom
Counsel's decision to override defendant's insistence to not concede guilt as to the murder of his stepmother and stepsister was a *McCoy* violation. 		Criminal Law and Procedure CASC Jul. 18, 2022
People v. Clark
Prosecutors can show that two gang members separately committed crimes on different occasions to prove a "pattern of criminal gang activity" for the Penal Code Section 186.22 gang enhancement. 		Criminal Law and Procedure 4DCA/2 Jul. 18, 2022
In re Mazur
Petitioner was not subject to two-year on-bail sentencing enhancement because he was not taken into custody for the securities fraud committed while released on bail. 		Criminal Law and Procedure 4DCA/1 Jul. 18, 2022
People v. Shelly
The People may not withdraw from a plea agreement when the effect of Assembly Bill 1950's passage did not deprive them of the benefit of the bargain. 		Criminal Law and Procedure 3DCA Jul. 18, 2022
People v. Torres
Even if trial court wrongly assumed it lacked discretion not to order confinement as a condition of probation, remand was unnecessary where trial court plainly indicated it would not exercise that discretion. 		Criminal Law and Procedure 2DCA/6 Jul. 14, 2022
People v. Zabelle
A criminal sentence was remanded where certain factors should not have been considered and the trial court was unclear on how important those factors were to the sentence. 		Criminal Law and Procedure 3DCA Jul. 13, 2022
People v. Harden
Law-of-the-case doctrine does not apply at the prima facie stage of a petition for resentencing because it is unclear if the evidence will be substantially similar prior to the evidentiary hearing. 		Criminal Law and Procedure 4DCA/1 Jul. 13, 2022
People v. Wandrey
Molestation case was remanded for resentencing under Penal Code Section 1170(b) since the evaluation of aggravating circumstances required an imprecise quantitative evaluation of the facts. 		Criminal Law and Procedure 1DCA/2 Jul. 11, 2022
People v. Gerson
Where substantial evidence supported the trial court's finding that defendant did not meet his burden for pretrial mental health diversion, trial court's denial of motion did not amount to abuse of discretion. 		Criminal Law and Procedure 4DCA/1 Jul. 11, 2022
People v. Manzanilla
The failure of defendant's legal counsel to specifically inform him that his aggravated felony plea would subject him to mandatory deportation was a prejudicial error requiring reversal. 		Criminal Law and Procedure California Courts of Appeal Jul. 8, 2022
People v. Ayon
Trial court erred in denying defendant's motion to suppress where objective facts showed that the police's true reason for traffic stop was to search for drugs and they prolonged the stop to wait for the narcotics dog. 		Criminal Law and Procedure 6DCA Jul. 8, 2022
Modification: People v. Bunas
A court ruling on a petitioner's motion for mental health diversion is not required to determine the defendant's eligibility prior to determining the offense's suitability. 		Criminal Law and Procedure 4DCA/1 Jul. 6, 2022
People v. Diggs
Denial of petitioner's petition for release into a conditional release program was proper where qualified medical experts diagnosed him with both antisocial personality disorder and amphetamine use disorder. 		Criminal Law and Procedure 1DCA/4 Jul. 5, 2022
People v. Caparaz
Expert testimony regarding defendant's susceptibility to giving false confessions was probative and did not require evidence that defendant falsely confessed. 		Criminal Law and Procedure 1DCA/2 Jul. 5, 2022
People v. Deleoz
Redacted portion of memoranda describing medical examiner's questionable conclusions in other murder cases was not material since it appeared the jury did not credit the examiner's opinion. 		Criminal Law and Procedure 6DCA Jul. 5, 2022
People v. Murphy
Substantial evidence existed that at the time of the car accident, defendant was impaired from using marijuana and acted with implied malice, supporting jury's verdict of second degree murder. 		Criminal Law and Procedure 2DCA/7 Jul. 5, 2022
Guillory v. Allen
Plaintiff's Sixth Amendment public trial claim was not procedurally defaulted since the state Court of Appeal rejected his federal claim on the merits and did not invoke any state law grounds. 		Criminal Law and Procedure 9th Jul. 5, 2022
People v. Lima
Prosecutor improperly quoting prospective jurors' statements was not unfairly prejudicial in light of overwhelming evidence of guilt at trial and jury's decision to only convict defendant. 		Criminal Law and Procedure 2DCA/5 Jun. 30, 2022
People v. Rojas
Where Assembly Bill 333's changes to Penal Code Section 186.22 affected Penal Code Section 190.2(a)(22), it was an impermissible amendment to Proposition 21. 		Criminal Law and Procedure 5DCA Jun. 30, 2022
People v. Salazar
While Senate Bill 567 allows consideration of past trauma in sentencing, the trial court would not have chosen the low term for appellant's conviction considering the numerous aggravating factors. 		Criminal Law and Procedure 2DCA/6 Jun. 29, 2022
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