Archive

Archive for November, 2016

Coming tomorrow

November 30, 2016 Comments off

Coming tomorrow from the Cal. Supremes:

PEOPLE v. THOMPSON (CATHERINE)
S033901 (Los Angeles County Superior Court – SA004363)
Argued in San Francisco 9-07-16

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

No new cases last Thursday or today

November 28, 2016 Comments off

The Cal. Supremes issued no new cases last Thursday or today.

No new criminal cases Monday

November 18, 2016 Comments off

The Cal. Supremes will issue no new criminal cases Monday.  And I’m pretty sure that they won’t issue any new cases at all on Thursday.

No new cases today

November 17, 2016 Comments off

The Cal. Supremes issued no new cases today.

No new criminal cases today

November 14, 2016 Comments off

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

DA Not Entitled to Vacate Plea Bargain when Prop. 47 Relief Granted

November 14, 2016 Comments off

DA Not Entitled to Vacate Plea Bargain when Prop. 47 Relief Granted

 

Charged with robbery, petitioner Morris Glen Harris, Jr. (hereafter defendant), pleaded guilty pursuant to a plea agreement to grand theft from the person, a felony, and admitted a prior robbery conviction, on condition that he receive a six-year prison sentence.  In return, the People dismissed the robbery charge and allegations of other felony convictions.  The court imposed the six-year sentence.  Later, the electorate enacted Proposition 47, which reduced the grand theft offense to a misdemeanor.  Under Proposition 47’s provisions, defendant petitioned the court to have his sentence recalled and to be resentenced as a misdemeanant.  In response, the People argued that reducing the sentence would deprive them of the benefit of their plea bargain, and thus they should be permitted to rescind the plea and reinstate the original robbery charge.  The trial court agreed with the People, as did a divided Court of Appeal.

We must decide whether the People are entitled to have the plea agreement set aside if defendant seeks to have his sentence recalled under Proposition 47.  We conclude that they are not entitled to have the plea agreement set aside.  Accordingly, we reverse the judgment of the Court of Appeal.

Harris v. Superior Court

S231489

http://www.courts.ca.gov/opinions/documents/S231489.PDF

Coming tomorrow from the Cal. Supremes: Harris

November 9, 2016 Comments off

HARRIS, JR. (MORRIS GLEN) v. S.C. (PEOPLE)

S231489 (B264839; Los Angeles County Superior Court – BA408368)

Argued in San Francisco 10-05-16

 

This case presents the following issues:  (1) Are the People entitled to withdraw from a plea agreement for conviction of a lesser offense and to reinstate any dismissed counts if the defendant files a petition for recall of sentence and reduction of the conviction to a misdemeanor under Proposition 47?  (2) If the defendant seeks such relief, are the parties returned to the status quo with no limits on the sentence that can be imposed on the ground that the defendant has repudiated the plea agreement by doing so?