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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
In re Hicks
Mixed offense inmate who was not currently serving the sentence for his violent felony was not entitled to early parole consideration. 		Criminal Law and Procedure 2DCA/2 Nov. 20, 2023
People v. Gomez
Remanding restitution order for noneconomic losses was necessary where the record contained no evidence regarding of the impact the crimes had on the victim. 		Criminal Law and Procedure 1DCA/5 Nov. 16, 2023
People v. Villegas
Defendant must be informed of potential longer sentence to not run afoul of due process fair notice violation. 		Criminal Law and Procedure 1DCA/1 Nov. 16, 2023
Zepeda v. Superior Court (People)
The term "circumstances in aggravation" in the amended Penal Code Section 1170(b)(2) refers to aggravating factors listed in California Rules of Court, Rule 4.421 and they are not unconstitutionally vague. 		Criminal Law and Procedure 1DCA/4 Nov. 15, 2023
People v. Rhodius
Defendant was not entitled to full resentencing because his now-invalid prison-prior enhancements had been previously stayed. 		Criminal Law and Procedure 4DCA/2 Nov. 15, 2023
People v. Renteria
Criminal defendant entitled to full resentencing was not entitled to have sentence enhancement resulting in sentence exceeding 20 years stricken where trial court determined striking it would endanger public safety. 		Criminal Law and Procedure 6DCA Nov. 13, 2023
Bakersfield Californian v. Superior Court (Roberts)
Defendant accused of murder overcame constitutional newspersons shield by showing a reasonable possibility that the newspaper's unpublished interview material with codefendant contained evidentiary value. 		Criminal Law and Procedure 5DCA Nov. 9, 2023
U.S. v. Vinge
To warrant a leader-or-organizer sentencing enhancement for a drug offense, a defendant must have the ability and influence necessary to coordinate the activities of others to achieve a desired result. 		Criminal Law and Procedure 9th Nov. 9, 2023
Boitez v. Superior Court (People)
Consent to search was not an intelligent and voluntary waiver of rights when it would not have been given but for officer's false promise of leniency about towing of vehicle. 		Criminal Law and Procedure 3DCA Nov. 8, 2023
Modification: People v. Coddington
Defendant was entitled to seek further reductions of his prison term even after trial court granted his motion to remove one of the enhancements. 		Criminal Law and Procedure 1DCA/1 Nov. 3, 2023
People v. Flores
Defendant convicted of provocative act murder was ineligible for resentencing because the theory of provocative act murder was unchanged by the elimination of participation-based imputed malice theories. 		Criminal Law and Procedure 4DCA/1 Nov. 3, 2023
People v. Medrano
Defendant could not bring a second Section 1172.6 resentencing petition because, under the law of the case doctrine, there was no new evidence that would have affected the earlier opinion. 		Criminal Law and Procedure 2DCA/6 Oct. 31, 2023
People v. LaRoche
Though plaintiff's economic loss included cost of allegedly stolen, irreplaceable object, it did not include the cost of obtaining that item. 		Criminal Law and Procedure 3DCA Oct. 27, 2023
People v. Hupp
A judge is not an "executive officer" within the meaning of Penal Code Section 69, which makes it a crime to attempt to deter, by means of any threat, an executive officer from performing a legal duty. 		Criminal Law and Procedure 4DCA/2 Oct. 27, 2023
People v. Ponder
Criminal defendant was not entitled to dismissal of sentence enhancement despite evidence of mitigating circumstances where trial court weighed those factors but determined dismissal was not in furtherance of justice. 		Criminal Law and Procedure 1DCA/2 Oct. 27, 2023
People v. Shah
Because victims of crime have a constitutional right to restitution, trial court still had jurisdiction to levy fraudulently obtained property even eight years after defrauder's original sentencing. 		Criminal Law and Procedure 1DCA/2 Oct. 26, 2023
People v. Das
Trial court improperly denied defendant's Penal Code Section 1172.6(a) resentencing petition without a hearing because defendant did not stipulate that he acted with the intent to kill in his plea. 		Criminal Law and Procedure 3DCA Oct. 26, 2023
People v. Hampton
Any error in permitting remote jury deliberations for one day was harmless because that day of deliberations did not result in a finding of guilt. 		Criminal Law and Procedure 1DCA/1 Oct. 26, 2023
People v. Ortiz
Peremptory challenge based on prospective juror's demeanor did not violate defendant's constitutional rights where the rationale for the challenge was related to the prospective juror's impartiality, not his race. 		Criminal Law and Procedure 6DCA Oct. 24, 2023
People v. Manzo
Lost dashcam video footage caused by prosecutorial delay did not entitle criminal defendant to dismissal of complaint because there was no evidence demonstrating he was actually prejudiced by the loss. 		Criminal Law and Procedure 4DCA/2 Oct. 19, 2023
People v. Quan
The case was remanded where defendant was denied his right to be personally present at his Section 1172.6 felony murder resentencing hearing. 		Criminal Law and Procedure 4DCA/3 Oct. 19, 2023
People v. Molina
Requiring face masks at trial due to the COVID-19 pandemic did not violate defendant's right to a fair trial. 		Criminal Law and Procedure 4DCA/3 Oct. 19, 2023
People v. Aguirre
Because defendant's violation of Penal Code Section 186.22 qualified as a strike on the date of his conviction, it continued to qualify as a strike even after the amendment of the Section 186.22. 		Criminal Law and Procedure 2DCA/6 Oct. 18, 2023
People v. Coca
Noncitizen criminal defendant's conviction could not be vacated due to her inability to understand the adverse immigration consequences where she failed to establish the conviction could result in removal proceedings. 		Criminal Law and Procedure 4DCA/2 Oct. 18, 2023
People v. Saavedra
Petition for felony murder resentencing denied where factual basis for petitioner's guilty plea established his ineligibility. 		Criminal Law and Procedure 4DCA/3 Oct. 18, 2023
U.S. v. Draper
Voluntary manslaughter constituted a "crime of violence" under 18 United States Code Section 924(c) because it required at least an "extreme and necessarily oppositional" state of mind as one of its elements. 		Criminal Law and Procedure 9th Oct. 18, 2023
People v. Coddington
Defendant was entitled to seek further reductions of his prison term even after trial court granted his motion to remove one of the enhancements. 		Criminal Law and Procedure 1DCA/1 Oct. 18, 2023
Modification: People v. Burns
Penal Code Section 1172.6 resentencing request was properly denied when assertion of jury instructional error did not involve statutory changes to felony murder doctrine. 		Criminal Law and Procedure 4DCA/1 Oct. 16, 2023
People v. Pittman
Remand was necessary where criminal defendant's youth was not considered during resentencing hearing and impulsivity and peer pressure may have played a role in the underlying attack. 		Criminal Law and Procedure 1DCA/4 Oct. 16, 2023
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