Death penalty affirmed

April 2, 2020 Leave a comment

The Cal. Supremes affirmed another death penalty.

People v. Fayed

S198132

http://www.courts.ca.gov/opinions/documents/S198132.PDF

Coming tomorrow

April 1, 2020 Leave a comment

Coming tomorrow from the Cal. Supremes:

PEOPLE v. FAYED (JAMES MICHAEL)
S198132 (Los Angeles County Superior Court – BA346352)
Argued in San Francisco 1-07-20
This matter is an automatic appeal from a judgment of death.

No new cases Monday

March 27, 2020 Leave a comment

The Cal. Supremes will issue no new cases Monday.

Coming tomorrow

March 25, 2020 Comments off

Coming tomorrow from the Cal. Supremes

PEOPLE v. OROZCO (ERNEST)
S249495 (D067313; San Diego County Superior Court – SCN335521)
Argued in San Francisco 1-07-20
This case presents the following issue: Can a felony conviction for receiving a
stolen vehicle in violation of Penal Code section 496d be reclassified as a
misdemeanor under Proposition 47 in light of Penal Code section 496, subdivision (a),
which provides that receiving other stolen property is a misdemeanor when the value
of the property does not exceed $950?

Taking a car temporarily is covered by Prop. 47

March 25, 2020 Comments off

Taking a car temporarily is covered by Prop. 47

People v. Bullard

S239488

www.courts.ca.gov/opinions/documents/S239488.PDF

“Except where a conviction is based on
posttheft driving (i.e., driving separated from the vehicle’s
taking by a substantial break), a violation of [Vehicle Code] section 10851 must
be punished as a misdemeanor theft offense if the vehicle is
worth $950 or less. In pre-Proposition 47 cases, where the
defendant seeks resentencing or redesignation under Penal
Code section 1170.18, the defendant bears the burden of proof to
show the relevant facts; in cases arising, tried, or sentenced
after Proposition 47 came into effect, the People bear that
burden.”

Coming Monday

March 20, 2020 Comments off

Coming Monday from the Cal. Supremes:

 

PEOPLE v. BULLARD (JULIAN MICAH)
S239488 (E065918; San Bernardino County Superior Court – FVI1200894)
Argued in San Francisco 1-07-20
The court ordered the parties to brief the following question: Does equal
protection or the avoidance of absurd consequences require that misdemeanor
sentencing under Penal Code sections 490.2 and 1170.18 extend not only to those
convicted of violating Vehicle Code section 10851 by theft, but also to those
convicted for taking a vehicle without the intent to permanently deprive the owner of
possession? (See People v. Page (2017) 3 Cal.5th 1175, 1188, fn. 5.)

No new cases tomorrow

March 18, 2020 Comments off

The Cal. Supremes will issue no new cases tomorrow.