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People v. Barton
Where defendant negotiates a plea agreement and specifically waives the right to appeal the sentence, defendant may not appeal based on subsequently-enacted favorable sentencing laws. 		Criminal Law and Procedure 5DCA Mar. 12, 2019
People v. Anthony
'Miranda' violation where police assure suspect they won't question about crime, but ask inculpatory questions; harmless error where other evidence showed 'ample support' for conviction. 		Criminal Law and Procedure 1DCA/2 Mar. 12, 2019
Modification: People v. Orozco
'Miranda' not required when defendant confessed to killing his infant to the mother in an interview orchestrated by police because mother was acting as an agent of police and defendant was unaware. 		Criminal Law and Procedure 2DCA/2 Mar. 8, 2019
People v. Kelly
Certificate of probable cause was required to appeal because defendant challenged the sentence to which she agreed as an integral part of the plea agreement; thus, appeal was dismissed. 		Criminal Law and Procedure 2DCA/6 Mar. 7, 2019
People v. Camacho
Defendants moving to vacate a conviction due to prejudicial erroneous information provided by counsel regarding immigration consequences need not meet the *Strickland v. Washington* test showing ineffective assistance of counsel. 		Criminal Law and Procedure 2DCA/2 Mar. 7, 2019
People v. Johnson
Senate Bill No. 620 provides trial courts discretion to strike firearm enhancements in limited circumstances, but does not apply when appellant's judgment of conviction is final. 		Criminal Law and Procedure 2DCA/6 Mar. 6, 2019
People v. Smith
After a defendant makes a prima facie showing the prosecutor exercised a peremptory challenge based on race, the prosecutor must demonstrate the challenges were made for bona fide race-neutral reasons. 		Criminal Law and Procedure 1DCA/4 Mar. 5, 2019
People v. Perry
Although Proposition 64 legalized possession of not more than 28.5 grams of cannabis, it did not affect cannabis laws in prison; thus, appellant was not entitled to resentencing. 		Criminal Law and Procedure 1DCA/2 Mar. 5, 2019
U.S. v. Gilton
Where a magistrate judge erroneously grants a search warrant without supporting probable cause, but police have no reason to question the magistrate's decision, the exclusionary rule will not apply. 		Criminal Law and Procedure 9th Mar. 5, 2019
People v. Alvarez
Gross vehicular manslaughter while intoxicated not a lesser included offense of murder under the elements test or the accusatory pleading test; thus, trial court correctly denied defendant's request to instruct as such. 		Criminal Law and Procedure 4DCA/1 Mar. 4, 2019
People v. Matthews
Despite the trial court erroneously adding a superfluous element to the charged offense in jury instructions, that error does not undermine the conviction's validity. 		Criminal Law and Procedure 2DCA/2 Mar. 4, 2019
People v. Orozco
'Miranda' not required when defendant confessed to killing his infant to the mother in an interview orchestrated by police because mother was acting as an agent of police and defendant was unaware. 		Criminal Law and Procedure 2DCA/2 Mar. 4, 2019
People v. Dimacali
Misdemeanor hit-and-run is public offense not susceptible to civil compromise under Penal Code Section 1377. 		Criminal Law and Procedure 4DCA/1 Mar. 4, 2019
Rodney v. Filson
Where the record lacks sufficient information to allow conclusive evaluation of whether a petitioner's ineffective assistance of counsel claim is substantial, remand is necessary. 		Criminal Law and Procedure 9th Mar. 4, 2019
People v. Chamizo
Senate Bill 180 not intended to apply to those whose criminal convictions had become final; thus, trial court was without jurisdiction to consider motion for resentencing. 		Criminal Law and Procedure 3DCA Mar. 1, 2019
People v. Brown
Amount of stolen property purloined from two separate stores should not have been aggregated so as to charge defendant with felonious receipt of stolen property over $950; each transaction was discrete misdemeanor. 		Criminal Law and Procedure 1DCA/4 Mar. 1, 2019
People v. Amezcua and Flores
Defendant's decision not to present a defense at the penalty stage of a capital trial is not a denial of the right to counsel or a reliable penalty determination. 		Criminal Law and Procedure CASC Mar. 1, 2019
People v. Beman
Punishment for substantive offenses in addition to punishment for conspiracy to commit those underlying offenses is not precluded when the conspiracy's objectives go beyond the underlying offenses. 		Criminal Law and Procedure 1DCA/2 Feb. 25, 2019
In re Ramirez
Petitioner's felony-murder special circumstance must be vacated because he was not a major participant in the murder committed while he was an accomplice in the attempted commission of robbery. 		Criminal Law and Procedure 5DCA Feb. 22, 2019
People v. Jimenez
Evidence subject to a 'Brady v. Maryland' violation claim, even if suppressed, must be material and prejudicial to provide grounds for a new trial. 		Criminal Law and Procedure 4DCA/1 Feb. 22, 2019
People v. Rocha
Permitting trial courts to decide how to exercise new discretion to strike firearm enhancements, without affording defendant and defense counsel the opportunity to argue, is manifestly unfair and contrary to Sixth Amendment. 		Criminal Law and Procedure 2DCA/4 Feb. 21, 2019
People v. Escarcega
Attempting to overtake a vehicle is only legal if safe, and passing without knowledge of safety could reasonably be found by a jury to constitute wanton disregard for safety. 		Criminal Law and Procedure 2DCA/3 Feb. 21, 2019
People v. Bueno
Defendant did not waive her rights to have her sentence imposed by the judge that accepted her plea under 'People v. Arbuckle;' therefore the judgment was reversed and remanded for resentencing. 		Criminal Law and Procedure 5DCA Feb. 20, 2019
In re L.R.
Oral or written voluntary waiver of 'Miranda' rights requires free and deliberate choice made with full awareness of the nature of the rights being abandoned and consequences of the decision. 		Criminal Law and Procedure 1DCA/5 Feb. 20, 2019
People v. Jones
Because defendant premeditated victim's attempted murder, and was recently released from prison for stabbing his ex-wife, evidence showed trial court would not have dismissed defendant's prior serious felony under SB 1393. 		Criminal Law and Procedure 3DCA Feb. 19, 2019
Modification: People v. Martinez
Defendants convicted of felony murder or murder under a natural and probable consequences theory must file a Penal Code Section 1170.95 petition to gain retroactive relief under Senate Bill 1437. 		Criminal Law and Procedure 2DCA/5 Feb. 15, 2019
Szonyi v. Whitaker
The Board of Immigration Appeals is not foreclosed from interpreting the text of 8 U.S.C. Section 1227(a)(2)(A)(ii) so long as the interpretation is 'reasonable.' 		Criminal Law and Procedure 9th Feb. 14, 2019
People v. Becerra
Because defendant waived his right to appeal as part of a plea agreement, and the waiver's terms encompassed the judgment and sentencing, his appellate claim concerning custody credits was barred. 		Criminal Law and Procedure 6DCA Feb. 13, 2019
U.S. v. Soto
18 U.S.C. Section 924(d)(1) provides that firearm or ammunition 'involved in' violation of any other criminal law shall be subject to forfeiture; thus, forfeiture was available. 		Criminal Law and Procedure 9th Feb. 11, 2019
People v. Fuimaono
Under Senate Bill No. 620, a court lacking jurisdiction cannot grant a defendant's resentencing request after a defendant's sentence for a Section 12022.5 enhancement has become final. 		Criminal Law and Procedure 3DCA Feb. 11, 2019
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