Archive

Archive for February, 2014

No new cases yesterday, but a new death penalty case Monday

February 28, 2014 Comments off

The Supremes issued no new cases yesterday.  But the court will issue the following opinion on Monday:

PEOPLE v. JACKSON (JONATHAN KEITH)

S086269 (Riverside County Superior Court – CR-69388)

Argued in Los Angeles 12-05-13

The matter is an automatic appeal from a judgment of death.

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No new criminal cases Monday

February 21, 2014 Comments off

The Cal. Supremes will issue no new criminal cases Monday.

Death Penalty Affirmed

February 20, 2014 Comments off

Ex-con with a gun is felonious criminal conduct

February 20, 2014 Comments off

Ex-con with a gun is felonious criminal conduct, making a misdemeanor into a felony

People v. Infante

S206084

“Under California law, possession of a firearm by a felon is a felony.  (Pen. Code, former § 12021, subd. (a)(1), as amended by Stats. 2008, ch. 599, § 4, p. 4281 [now § 29800, subd. (a)(1), Stats. 2010, ch. 711, § 6].)  Unlawfully carrying a concealed firearm and unlawfully carrying a loaded firearm in public are ordinarily misdemeanors, but become felonies when committed by “an active participant in a criminal street gang, as defined in subdivision (a) of Section 186.22.”  (Former §§ 12025, subd. (b)(3), as amended by Stats. 1999, ch. 571, § 2, p. 3961 [now § 25400, subd. (c)(3), Stats. 2010, ch. 711, § 6], 12031, subd. (a)(2)(C), as amended by Stats. 2009, ch. 288, § 1 [now § 25850, subd. (c)(3), Stats. 2010, ch. 711, § 6].)  The question presented in this case is whether possession of a firearm by a felon, concededly a felony, constitutes “felonious criminal conduct” within the meaning of section 186.22, subdivision (a) so as to elevate to felonies the misdemeanor offenses of carrying that concealed firearm and carrying that loaded firearm in public.  Resolving a conflict in the Court of Appeal, we conclude that possession of a firearm by a felon does qualify as “felonious criminal conduct” and therefore affirm the decision below.”

http://www.courts.ca.gov/opinions/documents/S206084.PDF

Coming tomorrow

February 19, 2014 Comments off

Tomorrow, the Cal. Supremes will issue opinions in the following cases:

 

PEOPLE v. INFANTE (DANIEL)

S206084 (G046177; Orange County Superior Court – 10NF1137)

Argued in San Francisco 1-07-14

The court limited review to the following issue:  Did the Court of Appeal correctly determine that defendant committed independent felonious conduct that elevated his otherwise misdemeanor firearm possession to a felony and supported the charge of being an active participant in a criminal street gang in violation of Penal Code section 186.22, subdivision (a)?

 

PEOPLE v. RODRIGUEZ (ANGELINA)

S122123 (Los Angeles County Superior Court – BA213120)

Argued in San Francisco 1-07-14

The matter is an automatic appeal from a judgment of death.

No new cases Thursday

February 11, 2014 Comments off

The Cal. Supremes will issue no new cases Thursday.

No new cases Monday

February 7, 2014 Comments off

The Cal. Supremes will issue no new cases Monday.