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  • Entries: 1 - 5 of 1034


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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.

 

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