First District Panel Victories

Results: 191 - 200 of 222

A146433

November 9, 2018

Attorney: Peter Gold

Categories: Delinquency   General   

Appellant entitled to transfer hearing per Prop 57 and People v. Superior Court (Lara) (2018) 4 Cal.5th 299. If juvenile court retains jurisdiction, it will impose appropriate disposition. If transferred to adult court, convictions reinstated. Remand also for court to exercise discretion whether to strike gun-use enhancements.

A148902

November 5, 2018

Attorney: William Capriola

Categories: Criminal   Sentencing   

Vandalism conviction must be stayed under Penal Code section 654 where the evidence established appellant broke two windows as part of a single course of conduct to get inside the house. There was no substantial evidence to support independent criminal objectives in committing the burglary and vandalism.

A148398

November 2, 2018

Attorney: Janet Gray

Categories: Criminal   Sentencing   

Respondent agreed with appellant that the trial court did not understand is discretion in imposing principle term under Penal Code section 1170.1, which “is not necessarily the longest term available under the applicable sentencing triads.” (People v. Miller (2006) 145 Cal.App.4th 206, 215-216.) Appellate court remanded for resentencing because the record did not clearly indicate that the trial court would have reached the same conclusion had it been aware of its discretion.

A152019

November 2, 2018

Attorney: Cheryl Cotterill

Categories: Delinquency   Probation, Parole, PRCS, and Mandatory Supervision   

The Court of Appeal found that a probation condition requiring a minor to “attend school regularly” was unconstitutionally vague because it failed to provide sufficient notice as to whether receiving alternative educational services  would constitute a violation. The court, therefore, modified the condition as follows: “Minor shall attend school (to include, as appropriate, a district or private school, online learning institution or at-home instruction) regularly and maintain satisfactory grades in the grading system utilized by the minor’s school in a manner consistent with her physical and medical condition, and obey school rules.”  Although the Court noted that this issue did not present a pure question of law, the Court exercised its discretion and addressed this issue given the important role education plays in the juvenile rehabilitation process.

A154005

October 17, 2018

Attorney: Julie Braden

Categories: Dependency   Review Hearings   

The Court of Appeal reversed the finding of the juvenile court at the six-month review hearing that reasonable services had been provided to mother noting that mother was not responsible for the delay in receiving services. The Court also rejected the claim of the County that the reasonable services finding was not appealable. The Court found that mother was aggrieved and the reasonable services finding was appealable even if an additional six months of services had already been  ordered for mother.

A151488

October 5, 2018

Attorney: Ozro Childs

Categories: Credits   Criminal   

Court of Appeal found that defendant, convicted of violent felony, was entitled to 15% presentence conduct credit. This was not subject to forfeiture.

A148032

October 5, 2018

Attorney: Juliana Drous

Categories: Criminal   Sentencing   

Court of Appeal stayed sentence for one assault and enhancements under Penal Code section 654 where totality of record showed jury based conviction on same act supporting mayhem. Court also remanded for exercise of discretion as to firearm enhancements.

A149469

September 6, 2018

Attorney: Stephen Bedrick

Categories: Criminal   Jury Instructions   

Court of Appeal reversed murder and affirmed attempted murder. Trial court erred in refusing to instruct jury on lesser included offense of attempted murder where there was substantial evidence that appellant may not have aided actual shooter or knew that the person he aided was acting in concert with the shooter. The trial court also erred by simply directing the jury back to the already-given instructions after the jury asked if it mattered who fired the fatal shot where there was substantial evidence appellant did not aid person who fired fatal shot.

A153124

August 21, 2018

Attorney: Elizabeth Klippi

Categories: Dependency   ICWA   

In this appeal from the termination of parental rights, the Court of Appeal reversed and remanded the matter to the juvenile court for compliance with the inquiry and notice provisions of the ICWA. The Agency conceded that limited remand was necessary to inquire of all maternal relatives for whom the Agency had contact information about their knowledge of possible Indian ancestry.

A153000

July 26, 2018

Attorney: Karriem Baker

Categories: Dependency   ICWA   

In this appeal from the termination of parental rights, the Court of Appeal found non compliance with the ICWA stating that there was nothing in the record to suggest the Department made any inquiries. The Department filed a motion to dismiss the appeal as moot arguing that the juvenile court had subsequently made an order finding compliance with ICWA. The Court denied the motion finding that the juvenile court acted in excess of its jurisdiction in revisiting the termination order while it was being reviewed on appeal.

Results: 191 - 200 of 222

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