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People v. Benzler
The trial court erred when it denied an eligible inmate's motion for a parole-related hearing. 		Criminal Law and Procedure 3DCA Dec. 15, 2021
People v. Waxlax
Defendant's dual convictions for assault were improper because they were two convictions of the same offense stemming from the same act. 		Criminal Law and Procedure 4DCA/2 Dec. 13, 2021
People v. Strother
Defendant posed an unreasonable risk of committing a "super strike" under Proposition 47 because his prior offenses were extremely close to being super strikes. 		Criminal Law and Procedure 2DCA/8 Dec. 13, 2021
People v. Ramirez
Gang enhancements were vacated because the prosecution presented insufficient evidence to show that the gang defendants allegedly sought to benefit qualified as a criminal street gang. 		Criminal Law and Procedure 4DCA/2 Dec. 13, 2021
People v. Silva
During redesignation and resentencing, due process requires that petitioners are provided notice regarding the crimes to be redesignated. 		Criminal Law and Procedure 1DCA/4 Dec. 10, 2021
People v. Waxlax
Defendant's dual convictions for assault were improper because they were actually two convictions for the same offense stemming from the same act. 		Criminal Law and Procedure 4DCA/2 Dec. 10, 2021
Modification: People v. Schuller
Imperfect self-defense must be based on a misperception of the circumstances and cannot be based purely on delusions. 		Criminal Law and Procedure 3DCA Dec. 9, 2021
Modification: People v. Lewis
Trial court's mash-up of CALCRIM Nos. 1201 and 1203 to include deception, while removing force or threat of force element for kidnapping, was an erroneous statement of the law. 		Criminal Law and Procedure 4DCA/3 Dec. 9, 2021
U.S. v. Briones
The imposition of a life sentence for crimes committed by defendant while he was a juvenile was affirmed because the resentencing judge clearly considered defendant's youth. 		Criminal Law and Procedure 9th Dec. 7, 2021
People v. Washington
The People should be given an opportunity to answer an equal protection argument in the trial court when the argument was neither raised at the trial court nor forfeited because it was unlikely to arise there. 		Criminal Law and Procedure 2DCA/7 Dec. 6, 2021
People v. Gonzalez
The wiretap statute does not impose the requirement that an application filed in the District Attorney's absence include information detailing the specific circumstances of the DA's absence. 		Criminal Law and Procedure CASC Dec. 3, 2021
People v. Superior Court (Jones)
By standing on an undisclosed numerical rating system to justify peremptory striking of potential jurors, the prosecuting attorney waived the work product privilege regarding his jury selection notes. 		Criminal Law and Procedure CASC Dec. 3, 2021
People v. Vasquez
Trial court judges cannot merely apply what they feel is fair and in the interest of justice and must provide evidence of extraordinary circumstances that would warrant mitigation of the Three Strikes law. 		Criminal Law and Procedure 4DCA/3 Dec. 3, 2021
People v. Giddens
Subdivision (c) of Section 243.9 of the Penal Code does not create any rights for an inmate or impose a duty on a detention facility to preserve a suspected gassing substance for evidentiary purposes. 		Criminal Law and Procedure 4DCA/2 Dec. 2, 2021
People v. Ervin
When the record does not definitively indicate that a petitioner under Penal Code Section 1170.95 is ineligible for relief, the court should issue a show cause order and hold an evidentiary hearing. 		Criminal Law and Procedure 4DCA/3 Dec. 2, 2021
People v. Lewis
Trial court's mash-up of CALCRIM Nos. 1201 and 1203 to include deception, while removing force or threat of force element for kidnapping, was an erroneous statement of the law. 		Criminal Law and Procedure 4DCA/3 Dec. 2, 2021
People v. Cervantes
A trial court commits no error by not reconsidering an entire sentence when a remittitur directed the court to focus on a particular issue. 		Criminal Law and Procedure 2DCA/8 Dec. 2, 2021
In re Harris
A court entering a pretrial detention order must state on the record its reasons for why less restrictive means cannot protect government interests in public safety to satisfy procedural due process. 		Criminal Law and Procedure 1DCA/3 Dec. 1, 2021
Valderas v. Superior Court (People)
Although defendant claimed he never received a notice to appear, the trial court properly issued a bench warrant because notice had been sent to the address on file. 		Criminal Law and Procedure 4DCA/1 Dec. 1, 2021
U.S. v. Reyes
A court must provide advance notice before imposing a requirement that, as a special condition of supervised release, defendant is required to allow suspicionless searches by any law enforcement. 		Criminal Law and Procedure 9th Nov. 30, 2021
People v. Price
Defendant was not entitled to have her murder conviction vacated and to be resentenced because substantial evidence supported the jury's special circumstance finding. 		Criminal Law and Procedure 1DCA/2 Nov. 30, 2021
People v. Codinha
The court struck a one-year enhancement from defendant's prison sentence because his prison prior term was not based on a sexually violent offense, as defined in the Welfare and Institutions Code. 		Criminal Law and Procedure 4DCA/1 Nov. 29, 2021
People v. Williams
Lifetime parolees are no exception to the requirement of Section 1203.2(b)(1) of the Penal Code that all petitions for parole revocation be referred to the parole agency for a written report. 		Criminal Law and Procedure 1DCA/1 Nov. 24, 2021
People v. Murillo
During the initial stages of a motion for vacatur, it was improper for the trial court to engage in judicial factfinding prior to issuing an order to show cause. 		Criminal Law and Procedure 4DCA/3 Nov. 24, 2021
People v. Montes
Using revised statute that would become effective before a final order is entered, petitioner convicted of attempted murder under the natural and probable consequences doctrine may be able to establish prima facie eligibility for resentencing. 		Criminal Law and Procedure 2DCA/8 Nov. 24, 2021
People v. Ramirez
Defendant's youth must be considered when determining if actions constituted reckless indifference required for the natural and probable consequences doctrine. 		Criminal Law and Procedure 2DCA/7 Nov. 24, 2021
Modification: People v. Farfan
A superior court's denial of defendant's petition for resentencing was harmless error because the jury's finding precluded relief as a matter of law. 		Criminal Law and Procedure 2DCA/2 Nov. 24, 2021
People v. Rodriguez
Despite existing knowledge of an employee's moonlighting, the limitations period did not begin to run until victim learned of facts that caused him to investigate and discover a crime had been committed. 		Criminal Law and Procedure 2DCA/8 Nov. 22, 2021
People v. Farfan
A superior court's denial of defendant's petition for resentencing was harmless error because the jury's finding precluded relief as a matter of law. 		Criminal Law and Procedure 2DCA/2 Nov. 22, 2021
Ngu v. City Bail Bonds
Bail bond agents cannot solicit bail for plaintiff's co-arrestee. 		Criminal Law and Procedure 2DCA/5 Nov. 17, 2021
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