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People v. Lagunas
Defendant was properly convicted of *Watson* implied malice murder for drunk driving into a six-year-old girl with a blood alcohol concentration three times the legal limit. 		Criminal Law and Procedure 4DCA/3 Dec. 14, 2023
People v. De La Rosa Burgara
Defendant who stipulated to an upper term in negotiated plea agreement was entitled to remand under Senate Bill 567 because the amendment was significant legal change affecting plea bargain's fairness. 		Criminal Law and Procedure 2DCA/6 Dec. 14, 2023
People v. Ruiz
Remand was required because the People had not met their burden to prove gang enhancement under amended requirements that the crime benefitted the gang more than mere reputation. 		Criminal Law and Procedure 2DCA/6 Dec. 14, 2023
People v. Hall
Criminal defendant's right to jury trial was not violated when trial court relied on aggravating circumstances not found by a jury in selecting his sentence pursuant to a negotiated disposition. 		Criminal Law and Procedure 1DCA/1 Dec. 14, 2023
U.S. v. Esqueda
Because defendant consented to undercover officers' entry into motel room, surreptitious recording of ensuing firearm sale did not violate Fourth Amendment rights. 		Criminal Law and Procedure 9th Dec. 13, 2023
U.S. v. Klensch
District court's failure to compare defendant's culpability to the average participant in the criminal activity when determining defendant's minor-role reduction warranted resentencing. 		Criminal Law and Procedure 9th Dec. 11, 2023
People v. Superior Court (Guevara)
Petitioner previously denied relief under the Reform Act serving life sentence for nonserious third strike was not entitled to full resentencing merely because his prior strike sentencing enhancement was invalid. 		Criminal Law and Procedure 2DCA/6 Dec. 11, 2023
People v. Carter
Defendant eligible for removal of a prison prior under Penal Code Section 1172.75 must be provided an opportunity for full resentencing even if their sentence resulted from a plea agreement. 		Criminal Law and Procedure 4DCA/1 Dec. 11, 2023
People v. Berry-Vierwinden
Defendant's petition for resentencing under Penal Code Section 1172.6 was denied because a direct aider and abettor could not be convicted of lying-in-wait murder on an imputed malice theory. 		Criminal Law and Procedure 4DCA/1 Dec. 7, 2023
Conway v. Superior Court (People)
Trial court incorrectly concluded the plain meaning of the Sexually Violent Predator Act leaves the court with no discretion to grant a defense request for an updated Department of State Hospitals evaluation. 		Criminal Law and Procedure 2DCA/5 Dec. 5, 2023
Charboneau v. Davis
Petitioner's second writ of habeas corpus was denied because even with a letter from a witness claiming officials told her to lie, a factfinder could have still convicted him. 		Criminal Law and Procedure 9th Dec. 5, 2023
People v. Buckner
Interview of arson suspect at police station was not a custodial interrogation requiring *Miranda* obligations because suspect was not under arrest and could leave at any time. 		Criminal Law and Procedure 1DCA/4 Dec. 4, 2023
People v. Velasco
Despite defendant's case being on appeal, trial court retained jurisdiction of defendant's Penal Code Section 1172.75 (invalid prison priors) resentencing hearing. 		Criminal Law and Procedure 4DCA/1 Dec. 1, 2023
People v. Foley
Dual representation of criminal codefendants by the same counsel during evidentiary resentencing hearing for murder was an actual conflict of interests that prejudiced the petitioner. 		Criminal Law and Procedure 3DCA Dec. 1, 2023
People v. Wiley
Once defendant's prior convictions were established by certified record, the court could consider these convictions and other related factors for determining aggravating factors even when not submitted to a jury. 		Criminal Law and Procedure 1DCA/4 Dec. 1, 2023
In re Koenig
Defendant was not entitled to early parole consideration under Proposition 57 because he was serving an aggregate prison term for a violent offense. 		Criminal Law and Procedure 3DCA Nov. 30, 2023
People v. Hollie
Petitioner who was entitled to ameliorative resentencing because he could not be convicted or murder under current law was not entitled to a finding of factual innocence regarding the offense. 		Criminal Law and Procedure 2DCA/7 Nov. 30, 2023
People v. Evers
Defendant waived his right to argue that restitution fines were unconstitutional because he did not argue that he lacked the ability to pay the fines and did not request a hearing concerning his ability to pay. 		Criminal Law and Procedure 1DCA/4 Nov. 30, 2023
People v. Turner
Trial court erred in determining that defendant's charges dismissal because of COVID-19 pandemic was not due to excusable neglect. 		Criminal Law and Procedure 4DCA/2 Nov. 30, 2023
People v. Curiel
Jury's finding of intent to kill did not, itself, conclusively establish defendant's ineligibility for relief under Penal Code Section 1172.6. 		Criminal Law and Procedure CASC Nov. 28, 2023
People v. Trammel
*Serrato* exception to double jeopardy did not apply because trial court imposed a harsher sentence on remand rather than a more lenient one. 		Criminal Law and Procedure 1DCA/1 Nov. 22, 2023
People v. Nunez
Trial court did not err when it instructed jury that for provocation to reduce first degree to second degree murder, provocation must come from victim, not someone else. 		Criminal Law and Procedure 4DCA/3 Nov. 22, 2023
People v. Mazur
Penal Code Section 1385 provided trial court with discretion to not dismiss fraudster's white-collar enhancement in the interest of justice. 		Criminal Law and Procedure 4DCA/1 Nov. 22, 2023
H.B. v. Superior Court (Hall)
Victim of human trafficking was statutorily entitled to restitution for economic loss suffered when defendant stole her income for himself despite the fact her labor was itself an illegal activity. 		Criminal Law and Procedure 1DCA/4 Nov. 21, 2023
People v. Cota
Recently amended Penal Code Section 1385(c) did not require mandatory dismissal of sentencing enhancements because mandatory language was subject to the court's statutory discretion. 		Criminal Law and Procedure 5DCA Nov. 21, 2023
People v. Christianson
Section 1172.75 entitles inmates to resentencing even if the invalid enhancement was stayed. 		Criminal Law and Procedure 4DCA/1 Nov. 21, 2023
People v. Salazar
Case was remanded for resentencing under the newly enacted Senate Bill No. 567 because defendant had qualifying psychological trauma and violence criminal history did not outweigh the lower term presumption. 		Criminal Law and Procedure CASC Nov. 21, 2023
People v. Banks
Sufficient evidence supported finding that criminal defendant used force to cause a minor to engage in a commercial sex act where text messages showed defendant was abusive and psychologically manipulative. 		Criminal Law and Procedure 2DCA/6 Nov. 21, 2023
People v. Allen
Defendant was ineligible for felony murder amendment resentencing because all charges the jury was instructed on required a finding of intent to kill. 		Criminal Law and Procedure 2DCA/6 Nov. 21, 2023
People v. Reyes
Defendant was ineligible for resentencing under Penal Code Section 1172.6 because his conviction occurred after the changes to murder liability had already become effective. 		Criminal Law and Procedure 5DCA Nov. 20, 2023
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