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U.S. v. Galecki
As defendants failed to establish a personal connection to items seized during a warehouse raid, they lacked standing to assert Fourth Amendment violations. 		Criminal Law and Procedure 9th Dec. 28, 2023
People v. McCray
Defendant's appeal from recommitment order was moot where defendant had been subsequently recommitted. 		Criminal Law and Procedure 1DCA/4 Dec. 27, 2023
U.S. v. De Leon Guerrero
Convictions for enticement of a minor were not error where there existed a predicate offense for each count that the defendant could have been charged for based on his conduct. 		Criminal Law and Procedure 9th Dec. 27, 2023
Modification: People v. Berry-Vierwinden
Defendant's petition for resentencing under Penal Code Section 1172.6 was denied because a direct aider and abettor could not be convicted of lying-in-wait murder on an imputed malice theory. 		Criminal Law and Procedure 4DCA/1 Dec. 27, 2023
People v. Olay
Newly amended Penal Code Section 1385(c) did not apply to the Three Strikes law because the Legislature was silent was to whether it did. 		Criminal Law and Procedure 1DCA/5 Dec. 26, 2023
Walsworth v. Superior Court (People)
Criminal defendant was statutorily entitled to dismissal where he was not given a new trial within 60 days of filing a remittitur with a clerk despite a lack of prejudice. 		Criminal Law and Procedure 3DCA Dec. 22, 2023
People v. Saldana
Criminal defendant entitled to full resentencing where his judgment included qualifying prior prison term enhancements even though the enhancements had been stayed. 		Criminal Law and Procedure 3DCA Dec. 21, 2023
People v. Rojas
Application of Assembly Bill No. 333 to gang-murder special circumstance was not an unlawful amendment of Proposition 21. 		Criminal Law and Procedure CASC Dec. 19, 2023
Modification: People v. Trammel
*Serrato* exception to double jeopardy did not apply because trial court imposed a harsher sentence on remand rather than a more lenient one. 		Criminal Law and Procedure 1DCA/1 Dec. 19, 2023
People v. Diaz
Remand was appropriate where trial court was not made aware of most recent sentencing developments that could have affected defendant's sentencing. 		Criminal Law and Procedure 2DCA/8 Dec. 19, 2023
People v. Mitchell
Defendant's gang enhancements and sentence were remanded for resentencing under Assembly Bill 333 because there was no sentence in his case before the legislation was enacted. 		Criminal Law and Procedure 5DCA Dec. 18, 2023
People v. Frias
Although defendant had already been granted several requests to substitute in new counsel, denial of the most recent request was reversible error, as the new attorney was ready for trial and was not seeking a continuance. 		Criminal Law and Procedure 2DCA/7 Dec. 18, 2023
Rodriguez v. Superior Court (People)
For the purposes of Penal Code Section 1370(c)(1), the two-year maximum commitment period continues past the filing of the certificate indicating restored competency, until the court's decision on whether to accept certificate. 		Criminal Law and Procedure CASC Dec. 15, 2023
People v. Manzoor
Reduction of wobbler from felony to misdemeanor offense did not relieve criminal defendant of his lifetime obligation to register as a sex offender because such relief was statutorily barred. 		Criminal Law and Procedure 1DCA/1 Dec. 15, 2023
People v. Lagunas
Defendant was properly convicted of *Watson* implied malice murder for drunk driving into a six-year-old girl with a blood alcohol concentration three times the legal limit. 		Criminal Law and Procedure 4DCA/3 Dec. 14, 2023
People v. De La Rosa Burgara
Defendant who stipulated to an upper term in negotiated plea agreement was entitled to remand under Senate Bill 567 because the amendment was significant legal change affecting plea bargain's fairness. 		Criminal Law and Procedure 2DCA/6 Dec. 14, 2023
People v. Ruiz
Remand was required because the People had not met their burden to prove gang enhancement under amended requirements that the crime benefitted the gang more than mere reputation. 		Criminal Law and Procedure 2DCA/6 Dec. 14, 2023
People v. Hall
Criminal defendant's right to jury trial was not violated when trial court relied on aggravating circumstances not found by a jury in selecting his sentence pursuant to a negotiated disposition. 		Criminal Law and Procedure 1DCA/1 Dec. 14, 2023
U.S. v. Esqueda
Because defendant consented to undercover officers' entry into motel room, surreptitious recording of ensuing firearm sale did not violate Fourth Amendment rights. 		Criminal Law and Procedure 9th Dec. 13, 2023
U.S. v. Klensch
District court's failure to compare defendant's culpability to the average participant in the criminal activity when determining defendant's minor-role reduction warranted resentencing. 		Criminal Law and Procedure 9th Dec. 11, 2023
People v. Superior Court (Guevara)
Petitioner previously denied relief under the Reform Act serving life sentence for nonserious third strike was not entitled to full resentencing merely because his prior strike sentencing enhancement was invalid. 		Criminal Law and Procedure 2DCA/6 Dec. 11, 2023
People v. Carter
Defendant eligible for removal of a prison prior under Penal Code Section 1172.75 must be provided an opportunity for full resentencing even if their sentence resulted from a plea agreement. 		Criminal Law and Procedure 4DCA/1 Dec. 11, 2023
People v. Berry-Vierwinden
Defendant's petition for resentencing under Penal Code Section 1172.6 was denied because a direct aider and abettor could not be convicted of lying-in-wait murder on an imputed malice theory. 		Criminal Law and Procedure 4DCA/1 Dec. 7, 2023
Conway v. Superior Court (People)
Trial court incorrectly concluded the plain meaning of the Sexually Violent Predator Act leaves the court with no discretion to grant a defense request for an updated Department of State Hospitals evaluation. 		Criminal Law and Procedure 2DCA/5 Dec. 5, 2023
Charboneau v. Davis
Petitioner's second writ of habeas corpus was denied because even with a letter from a witness claiming officials told her to lie, a factfinder could have still convicted him. 		Criminal Law and Procedure 9th Dec. 5, 2023
People v. Buckner
Interview of arson suspect at police station was not a custodial interrogation requiring *Miranda* obligations because suspect was not under arrest and could leave at any time. 		Criminal Law and Procedure 1DCA/4 Dec. 4, 2023
People v. Velasco
Despite defendant's case being on appeal, trial court retained jurisdiction of defendant's Penal Code Section 1172.75 (invalid prison priors) resentencing hearing. 		Criminal Law and Procedure 4DCA/1 Dec. 1, 2023
People v. Foley
Dual representation of criminal codefendants by the same counsel during evidentiary resentencing hearing for murder was an actual conflict of interests that prejudiced the petitioner. 		Criminal Law and Procedure 3DCA Dec. 1, 2023
People v. Wiley
Once defendant's prior convictions were established by certified record, the court could consider these convictions and other related factors for determining aggravating factors even when not submitted to a jury. 		Criminal Law and Procedure 1DCA/4 Dec. 1, 2023
In re Koenig
Defendant was not entitled to early parole consideration under Proposition 57 because he was serving an aggregate prison term for a violent offense. 		Criminal Law and Procedure 3DCA Nov. 30, 2023
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