First District Panel Victories

Panel Victories are updated monthly.

Results: 1 - 10 of 845
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A172549

The Court of Appeal ordered that the abstract of judgment and sentencing minute order be corrected to conform with the oral pronouncement.

A72552

The Court of Appeal ordered that the abstract of judgment be corrected to reflect the stay of all fines.

A171648

The Court of Appeal ordered that various errors (including a determinate term inaccurately listed as indeterminate) in the abstract of judgment and sentencing minute order be corrected.

A173483

The Court of Appeal conditionally reversed appellant’s probation orders and remanded for a Marsden hearing. The government conceded that, even absent an indication that appellant “pressed for a hearing,” the failure to hold a hearing was reversible error.

A173323

The Court of Appeal remanded for further resentencing proceedings because the trial court gave both proper and improper reasons for denying further relief. The court’s improper reason — that it could not revisit the jury’s verdict by considering postconviction evidence raising “a legitimate [Brady] question” — created a reasonable probability of a lesser sentence in absence of the error.

A173003

The Court of Appeal remanded for resentencing for the trial court to strike the enhancement for personal use of a firearm (PC 12022.7(g)) on the carjacking offense because no evidence was presented that a firearm was used during the commission of that offense, to strike the great bodily injury enhancement (PC 12022.7(g)) imposed on the murder offense, and to stay the sentence on carjacking or assault under PC 654.

A174710

The Court of Appeal struck and modified the four-year probation term to reflect the agreed-upon three-year term. The record reflected that the imposition of the four-year term was an oversight as opposed to an exercise of discretion by the trial court.

A175511

Father appealed from disposition raising issues relating to removal, reasonable efforts, due diligence, and relative placement. The Court of Appeal reversed the due diligence findings and the failure to initiate an ICPC for paternal aunt. The Bureau did not exercise due diligence in identifying relatives, did not provide the required notice pursuant to WIC 309(e)(1) and Rule  5.534(b)(3), and failed to evaluate interested adult relatives for placement as required WIC 361.3.

A156253

The Court of Appeal vacated appellant’s 16-month jail sentence (a probation condition) because the sentence was unauthorized under PC 19.2. In a published portion of the opinion, the court remanded with directions to consider appellant’s excessive fines argument under Kopp.

A174048

The Court of Appeal reversed the order granting the petition for access to appellant’s juvenile case file under WIC 827. The Court of Appeal held that the juvenile court abused its discretion because the petitioner’s bare bones request did not demonstrate good cause nor show the records were necessary and had substantial relevance to a legitimate need.