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News from the Director

Recent Victory Highlights
June 5, 2008

This month's highlights from our victory blog are two cases in which First District panel attorneys raised successful claims that required no objection below by defense counsel.

In People v. Myers , no. A111024, the Court of Appeal found multiple errors, including that the trial court prejudicially erred by failing to instruct on unanimity, that the prosecution presented insufficient evidence to support two convictions for lewd acts, and that the court erred under Penal Code section 654. Our victory blog post on Myers, which includes a link to the opinion, is here.

In People v. Banks, no. A115869, in the absence of an objection below, the Court of Appeal reversed and remanded for reconsideration of the entire 34-year sentence because the trial court had stated that it was sentencing the defendant to one-third the midterm for an enhancement, when in fact the sentence it imposed for the enhancement was one-third the aggravated term. Our victory blog post on Banks, which includes a link to the opinion, is here.

There are many victories posted on the victory blog, where you can peruse them all, or use the blog search engine to look for reversals in specific areas of law.

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