Archive

Archive for July, 2016

No new criminal cases tomorrow

July 27, 2016 Comments off

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

No new cases Monday

July 22, 2016 Comments off

The Cal. Supremes will issue no new cases Monday.

Court retains the power to strike a gang enhancement

July 21, 2016 Comments off

Court retains the power to strike a gang enhancement

 

The issue presented here is whether a trial court has the discretion under Penal Code section 1385, subdivision (a) (section 1385(a)) to dismiss a sentencing enhancement allegation for a gang-related offense (§186.22, subdivision (b)(1) (section 186.22(b)(1))), or if the court is limited to its authority under section 186.22, subdivision (g) (section 186.22(g)), which provides that “[n]otwithstanding any other law, the court may strike the additional punishment for the enhancements provided in this section.”  In other words, by enacting section 186.22(g), did the Legislature eliminate a trial court’s section 1385(a) discretion to dismiss or strike entirely a section 186.22(b)(1) gang enhancement?

For reasons that follow, we conclude that a trial court has the discretion to strike the gang enhancement altogether under section 1385(a).

People v. Fuentes

S219109

http://www.courts.ca.gov/opinions/documents/S219109.PDF

 

Coming tomorrow

July 20, 2016 Comments off

Coming tomorrow from the Cal. Supremes:

PEOPLE v. FUENTES (ALEXIS ALEJANDRO)

S219109 (G048563; Orange County Superior Court – 13NF0928)

Argued in San Francisco 5-03-16

 

This case presents the following issue: Does the trial court have the power under Penal Code section 1385 to dismiss a Penal Code section 186.22 enhancement for gang-related crimes, or is the court limited to striking the punishment for the enhancement in accordance with subdivision (g) of section 186.22?

Supremes affirm another death penalty verdict

July 18, 2016 Comments off

The Cal. Supremes affirmed another death penalty verdict

People v. Simon

S102166

http://www.courts.ca.gov/opinions/documents/S102166.PDF

Coming Monday

July 15, 2016 Comments off

Coming Monday from the Cal. Supremes:

PEOPLE v. SIMON (RICHARD NATHAN)

S102166 (Riverside County Superior Court – CR-68928)

Argued in San Francisco 5-26-16

 

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

No new criminal cases tomorrow

July 13, 2016 Comments off

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