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U.S. v. Brown
Officers responding to an anonymous tip that young, black man possessed a gun was insufficient to support a stop and frisk of defendant under 'Terry v. Ohio.' 		Criminal Law and Procedure 9th Jun. 6, 2019
People v. Gutierrez
Defendant twice failed to exercise statutory right to request that the court consider ability to pay in setting a restitution fine; thus, he forfeited challenge to those fines and fees. 		Criminal Law and Procedure 4DCA/1 Jun. 6, 2019
Modification: People v. Warner
Trial court did not err in finding that there was sufficient evidence to show that defendant intended to kill under 'kill zone' theory and to so instruct the jury. 		Criminal Law and Procedure 3DCA Jun. 5, 2019
Mont v. U.S.
Pretrial detention qualifies as 'imprisonment in connection with a conviction' under 18 U.S.C. Section 3624(e) if a subsequent sentence credits that detention as time served, tolling defendant's supervised release term. 		Criminal Law and Procedure USSC Jun. 4, 2019
People v. Osotonu
Defendant who bombed an ATM entered an area objectively off-limits to the public with intent to steal therefrom; thus, he could not have his burglary conviction recast as misdemeanor shoplifting. 		Criminal Law and Procedure 1DCA/4 Jun. 4, 2019
People v. Valenzuela
Reduction of defendant's grand theft conviction to misdemeanor through Proposition 47 established absence of essential element of street terrorism offense -- felonious criminal conduct; thus, street terrorism conviction was dismissed. 		Criminal Law and Procedure CASC Jun. 4, 2019
In re Cook
Defendant entitled to a hearing under Penal Code Sections 3051 and 4801 may seek a 'People v. Franklin' proceeding despite defendant's sentence being otherwise final. 		Criminal Law and Procedure CASC Jun. 4, 2019
People v. Gentile
Senate Bill No. 1437 did not eliminate all murder liability based on the natural and probable consequences theory of accomplice liability. 'People v. Chiu' provided for second degree murder punishment in such circumstances. 		Criminal Law and Procedure 4DCA/2 Jun. 3, 2019
People v. Fryhaat
The trial court erred in summarily denying defendants' motion to vacate his conviction without a hearing, without his presence and without appointed counsel in violation of section 1473.7. 		Criminal Law and Procedure 4DCA/2 Jun. 3, 2019
People v. Franks
In order for a Sixth Amendment violation to lie, a defendant must make his intention to maintain his innocence as a defense strategy clear to his counsel. 		Criminal Law and Procedure 3DCA May 31, 2019
U.S. v. Graves
Penal Code Section 4573.6 was overbroad and not divisible, so defendant's prior conviction did not qualify as a predicate drug trafficking offense triggering a mandatory term of life imprisonment. 		Criminal Law and Procedure 9th May 31, 2019
Modification: People v. Franks
In order for a Sixth Amendment violation to lie, a defendant must make his intention to maintain his innocence as a defense strategy clear to his counsel. 		Criminal Law and Procedure 3DCA May 31, 2019
People v. Hurtado
The trial court's restitution order had some factual nexus to the damage caused by defendant's conduct; thus, trial court did not abuse its discretion in awarding victim restitution. 		Criminal Law and Procedure 4DCA/1 May 30, 2019
Modification: People v. Bolding
Prosecution proved that defendant had intent to facilitate criminal activity, through monetary instruments of $5,000 or more in criminally derived funds; thus, tracing commingled proceeds was not required. 		Criminal Law and Procedure 4DCA/3 May 29, 2019
In re E.P.
Locker rooms of public hockey facility were not objectively identifiable as off-limits to public; thus, prosecution failed to prove that defendant did not commit new crime of shoplifting. 		Criminal Law and Procedure 4DCA/3 May 29, 2019
Modification: People v. Berg
Because trial court does 'not have jurisdiction to reopen or retry a case' after 'unqualified affirmance' of prior final judgment, it lacked jurisdiction to vacate its prior order granting habeas corpus petition. 		Criminal Law and Procedure 4DCA/1 May 28, 2019
People v. Craine
Penal Code Section 1001.36 does not apply retroactively to defendants whose cases have progressed past trial, adjudication of guilt, and sentencing. 		Criminal Law and Procedure 5DCA May 28, 2019
People v. Austin
Parole condition restricting defendant from contacting victim was vague as written, particularly in light of a patent ambiguity in underlying case which was never clarified; thus, order reversed. 		Criminal Law and Procedure 4DCA/1 May 28, 2019
People v. Galindo
If parties have already agreed upon a negotiated plea, a defendant must obtain a certificate of probable cause to pursue an appeal challenging a sentence under Senate Bill 1393. 		Criminal Law and Procedure 1DCA/1 May 24, 2019
In re Webb
Trial courts possess inherent authority to impose reasonable bail conditions related to public safety on felony defendants who are released on monetary bail. 		Criminal Law and Procedure CASC May 24, 2019
People v. Erskine
Evidence of defendant's prior rape and murder convictions were admissible under Evidence Code Section 1108 due to numerous similarities with the highly inflammatory charged crimes. 		Criminal Law and Procedure CASC May 24, 2019
People v. Rivera
Defendant specifically intended murder of police officer to benefit and promote gang where officer led investigation into gang, defendant had personally interacted with officer, and bullet matched firearm used in prior gang shooting. 		Criminal Law and Procedure CASC May 24, 2019
People v. Astorga-Lider
Deed of trust was a forgery void ab initio because signing fraudulent home loan scheme victims believed the documents were substantially different and had no intention of encumbering the property. 		Criminal Law and Procedure 4DCA/1 May 23, 2019
People v. Grandberry
Defendant failed to explain or deny incriminating fact that was within his knowledge to address; thus, jury instruction pursuant to CALCRIM No. 361 was not error. 		Criminal Law and Procedure 1DCA/1 May 22, 2019
Richard Molina v. The Superior Court of Orange County
A superior court judge cannot mandate another superior court judge to vacate a judgment; thus, the writ of mandamus is denied. 		Criminal Law and Procedure 4DCA/3 May 21, 2019
Modification: People v. Carter
Multiple punishments were justified under Penal Code Section 654 when it was reasonable to find defendant's objective in robbing victim was independent of his objective in murdering him. 		Criminal Law and Procedure 4DCA/1 May 21, 2019
People v. Reyes
Trial court abused discretion by excluding as unreliable confession by co-defendant that firearm in question belonged to him, especially when confession had provided support for earlier case against that co-defendant. 		Criminal Law and Procedure 1DCA/2 May 21, 2019
People v. Montiel
The plain language and structure of Penal Code Section 1202.4(k)(3) led to conclusion that parents of children who are sexually abused may be awarded restitution for noneconomic losses. 		Criminal Law and Procedure 1DCA/1 May 20, 2019
People v. Jimenez
Defendant's due process rights were violated when trial court imposed terms of 25 years to life based on unpleaded sentencing enhancements, of which defendant was not put on notice. 		Criminal Law and Procedure 6DCA May 20, 2019
People v. Smith
Penal Code Section 1381 does not apply to a probation violation proceeding in which defendant was previously sentenced to a specific term, but execution of that sentence was suspended. 		Criminal Law and Procedure 2DCA/2 May 20, 2019
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