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People v. Carrillo
Under Penal Code Section 1473.7, defendant, seeking to vacate conviction because he did not understand possible adverse immigration consequences, may include probation violation penalties as part of his "sentence." 		Criminal Law and Procedure 5DCA Mar. 19, 2024
Pulsifer v. U.S.
Despite the statute's use of "and" rather than "or," a criminal defendant is ineligible for safety value sentencing relief if he meets any (rather than all) of the criminal history point disqualifiers. 		Criminal Law and Procedure USSC Mar. 18, 2024
P. v. Santos
Criminal Law and Procedure Mar. 14, 2024
People v. Santos
Trial court did not err by not applying Three Strikes Reform Act to reduce defendant's sentence because defendant could only seek such relief through the Section 1170.126 petition process. 		Criminal Law and Procedure 3DCA Mar. 15, 2024
People v. Superior Court (Woodward)
Double jeopardy did not bar refiling murder charge when the trial court's second dismissal order failed to clearly indicate that it was serving as an acquital. 		Criminal Law and Procedure 6DCA Mar. 15, 2024
People v. Barner
Despite trial court's error in using sentencing rather than commitment language, judgment was affirmed as court ultimately made the appropriate commitment order and calculation. 		Criminal Law and Procedure 3DCA Mar. 14, 2024
Modification: People v. Felix
Trial court properly denied motion to suppress defendant's confession given to undercover detective posing as jail cellmate, post-invocation of right to counsel. 		Criminal Law and Procedure 2DCA/8 Mar. 14, 2024
In re Seumanu
Because petitioner for habeas relief failed to adequately provide record materials and meet strict pleading requirements, all but one request for certificate of appealability was denied. 		Criminal Law and Procedure 1DCA/4 Mar. 13, 2024
People v. Lewis
Sufficient evidence supported defendant's rape conviction because it was reasonable to conclude criminal defendant knew the victim's intoxication level made her incapable of consenting to sexual intercourse. 		Criminal Law and Procedure 4DCA/3 Mar. 11, 2024
U.S. v. Layfield
Twenty-one-day delay between defendant's detention and first appearance before a judge did not constitute a Speedy Trial Act violation. 		Criminal Law and Procedure 9th Mar. 8, 2024
People v. Felix
Trial court properly denied motion to suppress defendant's confession given to undercover detective posing as jail cellmate, post-invocation of right to counsel. 		Criminal Law and Procedure 2DCA/8 Mar. 8, 2024
People v. Killian
A charge for tampering with a VIN under Vehicle Code Section 10802 includes a defendant who transfers the registration to himself. 		Criminal Law and Procedure 6DCA Mar. 7, 2024
People v. Superior Court (Farley)
Prosecution satisfied low preliminary bar of showing group was an organization, albeit informal, with a common purpose as statutorily required to proceed with prosecution of gang-related special circumstance. 		Criminal Law and Procedure 1DCA/4 Mar. 7, 2024
U.S. v. Lemus
A conviction for receiving the proceeds of extortion under 18 U.S.C. Section 880 requires only knowledge that the proceeds were "unlawfully obtained." 		Criminal Law and Procedure 9th Mar. 6, 2024
People v. Hardin
Expanded statutory parole system for youthful offenders did not violate equal protection clause by excluding youthful offenders sentenced to life without parole because exclusion was rationally related to government interest. 		Criminal Law and Procedure CASC Mar. 5, 2024
Lunsted v. Superior Court (People)
Even though a subpoena duces tecum was issued by the prosecution, it was still subject to factor-based legal standard for determining whether good cause existed to overcome motion to quash. 		Criminal Law and Procedure 4DCA/2 Mar. 4, 2024
People v. Robinson
Defendant's ineffective assistance of counsel claim failed because he negotiated a plea agreement and did not file a certificate of probable cause. 		Criminal Law and Procedure 1DCA/4 Mar. 4, 2024
People v. Hollywood
Defendant who ordered the murder of a 15-year-old was ineligible for Penal Code Section 1172.6 resentencing because he intentionally planned the killing. 		Criminal Law and Procedure 2DCA/6 Mar. 1, 2024
Persiani v. Superior Court (People)
Trial courts have authority to order treatment via mental health diversion for mentally incompetent misdemeanor defendants charged with driving under the influence. 		Criminal Law and Procedure 4DCA/3 Mar. 1, 2024
People v. Robinson
Evidence Code Section 1109 allowed admittance of defendant's prior domestic violence conviction through a certified record of conviction. 		Criminal Law and Procedure 4DCA/3 Feb. 29, 2024
Amended Opinion: U.S. v. Alahmedalabdaloklah
Statute criminalizing destruction of U.S. government property overcame presumption against extraterritoriality because it criminalized conduct directly harming the government and had foreseeable extraterritorial applications at the time it was passed. 		Criminal Law and Procedure 9th Feb. 29, 2024
People v. Gaillard
Defendant's guilty plea of aiding and abetting voluntary manslaughter did not conclusively render him ineligible for relief under Penal Code Section 1172.6. 		Criminal Law and Procedure 4DCA/1 Feb. 28, 2024
People v. Patterson
Redesignating felony murder conviction as burglary conviction was improper where the trial record indicated that robbery had been the felony underlying the murder conviction. 		Criminal Law and Procedure 5DCA Feb. 28, 2024
People v. Lopez
Criminal defendant ineligible for resentencing where he directly aided and abetted the actual shooter resulting in the death of unintended victim because the doctrine of transferred intent remained intact. 		Criminal Law and Procedure 5DCA Feb. 28, 2024
People v. Pittman
It was not an abuse of discretion for a trial court to rely on victim estimates when determining the appropriate amount of a restitution order. 		Criminal Law and Procedure 1DCA/4 Feb. 28, 2024
People v. Mares
Defendant failed to make a prima facie showing that he was eligible for Penal Code Section 1172.6 relief because the record showed he was the sole killer and not an accomplice. 		Criminal Law and Procedure 4DCA/2 Feb. 27, 2024
People v. Rios
Officer's testimony regarding laser narcotics identification test should have been excluded because it was based on new scientific technique, and prosecution failed to establish its general acceptance among scientific community. 		Criminal Law and Procedure 4DCA/3 Feb. 27, 2024
People v. McDowell
Elevated sentence was not error under Senate Bill 81 where the sentence was imposed pursuant to an alternative punishment provision for aggravated circumstances of underlying felony rather than an enhancement. 		Criminal Law and Procedure 4DCA/3 Feb. 27, 2024
Modification: People v. Franco
Since defendant provided substantial evidence of 37 years of law-abiding behavior, defendant was entitled to be removed from sex offender registry despite his underlying sex crime's atrocity. 		Criminal Law and Procedure 2DCA/2 Feb. 26, 2024
People v. Clark
Proving a "pattern of criminal gang activity" following Assembly Bill 333's amendments requires a nexus between the two predicate offenses to a gang as an organized, collective enterprise. 		Criminal Law and Procedure CASC Feb. 23, 2024
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