| FDAP Victories |
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> click here for tips on using this database and access to pre March 2005 victories | People v. McPike, A122030 (Di v. 5) category/ies: Dual Convictions Prohibited date posted: 2010-02-26 full opinion (PDF): download attorney: Peter Goldscheider FDAP buddy: Paula Rudman A jury convicted appellant of misdemeanor petty theft and felony receiving stolen property. The Court of Appeal reversed the petty theft conviction because a defendant cannot be convicted of stealing and receiving the same property. People v. Hankes, A126022 (Div. 1) category/ies: Fee and Penalty Assessments, Presentence Report Fee date posted: 2010-02-24 full opinion (PDF): download attorney: Richard Braucher FDAP buddy: The Court of Appeal ordered the $560 presentence report fee stricken because the trial court failed to make a finding regarding appellant's ability to pay in accordance with PC 1203.1b. In re R.A., A125053 (Div. 1) category/ies: Insufficiency of the Evidence, Possession of a Concealed Firearm date posted: 2010-02-24 full opinion (PDF): download attorney: Anne Mania FDAP buddy: Stephanie Clarke The Court of Appeal reversed the juvenile court's finding that appellant possessed a concealed firearm in violation of PC 12101(a)(1) because the evidence did not establish that the weapon in question had a barrel less than 16 inches in length. In re J.C., A123929 (Div. 4) category/ies: Insufficiency of the Evidence, Receiving Stolen Property, Juveniles, Motion to Dismiss (W&I 701.1) date posted: 2010-02-22 full opinion (PDF): download attorney: Christopher Love FDAP buddy: Tara Mulay The juvenile court sustained a wardship petition alleging appellant received a stolen vehicle in violation of PC 496d. The Court of Appeal held that the juvenile court erred in denying appellant's motion to dismiss the allegation at the close of the prosecution's case (W&I 701.1) and reversed the judgment. Nothing in the People's case indicated that appellant had any control over the car or that he acted as anything other than a passive passenger. People v. Weisheitinger, A124764, Div. 4 category/ies: Restitution, Denial of a Hearing date posted: 2010-02-10 full opinion (PDF): download attorney: James Johnson FDAP buddy: Tara Mulay The Court of Appeal found that the trial court erred by denying the defendant a hearing on the victim restitution amount after trial counsel requested a hearing both on the date of sentencing and later when the matter was placed back on calender. The trial court erroneously determined that it could not hold a victim restitution hearing after imposition of sentence. |