| FDAP Victories |
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> click here for tips on using this database and access to pre March 2005 victories | People v. Dodge, A128594, Div. 4 category/ies: Street Gang Enhancements date posted: 2012-01-03 full opinion (PDF): not available attorney: Kyle Gee FDAP buddy: Tara Mulay The trial court struck the 10-year Penal Code section 186.22(b)(1)(c) gang enhancement, because it does not apply when the defendant has been sentenced to an indeterminate term. People v. Stanfield, A129573, Div. 5 category/ies: Conduct Credits, Custody Credits date posted: 2011-11-09 full opinion (PDF): not available attorney: Robert Kane FDAP buddy: Fran Ternus The court failed to give appellant one day of actual custody credit. Appellant was also entitled to two additional days of conduct credits. People v. Wisecarver, A129969, Div. 5 category/ies: H&S section 11350(d) date posted: 2011-11-04 full opinion (PDF): not available attorney: Paul Kleven FDAP buddy: Richard Braucher The court's imposition of a $2000 Health and Safety Code section 11350(d) fine was unauthorized because appellant was not convicted of violating Health and Safety Code section 11350. In re J.V., A131079, Div. 3 category/ies: Deferred Entry of Judgment, Juvenile Commitment Order Errors, Credits, Committing Minor to Any Penal Institution date posted: 2011-11-03 full opinion (PDF): not available attorney: Wendy Coats FDAP buddy: Tara Mulay Neither the District Attorney nor the trial court complied with their statutory requirements to determine whether appellant was eligible for deferred entry of judgment. Accordingly, the court of appeal remanded to the trial court for a determination of appellant's eligibility. The trial court also erred by prospectively declaring, at the dispositional hearing, appellant's wardship terminated "unsuccessfully." The court of appeal ordered the trial court to strike the "unsuccessful" determination from the disposition if the judgment was reinstated on remand. Additionally, the trial court erred by ordering appellant committed to juvenile hall or "any other penal institution" because he could not be detained in county jail. The court also erred by failing to award appellant 42 days of predisposition credit. People v. Lopez, A129470, Div. 4 category/ies: Failure to Register as a Sex Offender date posted: 2011-11-01 full opinion (PDF): not available attorney: Dirck Newbury FDAP buddy: Richard Such The Court of Appeal agreed that there was insufficient evidence to support the defendant's conviction for failing to register within five days of changing her address. Specifically, the record failed to disclose with certainty when the 5-day period began, and there was insufficient evidence that the defendant willfully violated the registration requirement, because she twice called the evidence technician in charge of the registration program in an apparent attempt to comply with the registration process. |