First District Panel Victories

Results: 231 - 240 of 630
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A161194

In light of Assembly Bill No. 1869 (2019–2020 Reg. Sess.), which eliminated certain fees in criminal cases and rendered the unpaid balance of any such fees unenforceable and uncollectible, the Court of Appeal vacated the probation report fee (Pen. Code, § 1203.1b). The Court further held that the trial court erred by failing to calculate appellant’s custody credits prior to resentencing him.

A163620

In an appeal from disposition, the Court found that the Agency’s initial ICWA inquiry was incomplete and prejudicial. In addition, the juvenile court failed to ensure the ICWA inquiry was adequate and failed to make any ICWA finding as to either parent. The disposition order was conditionally affirmed and the matter remanded for the Agency and juvenile court to comply with ICWA inquiry and, if necessary, notice provisions.

A162865

The Court of Appeal remanded for resentencing in light of recent amendments (Senate Bill No. 567 (2021-2022 Reg. Sess.) to Penal Code section 1170, which, among other things, created a presumption in favor of a low prison term for certain youthful offenders. Although appellant had already served his three year sentence, the Court nevertheless found that the issue was not moot because any excess presentence custody credits would apply to reduce any period of parole.

A159545

In accordance with Penal Code section 1202.45, subdivision (a), which requires a sentencing court to assess a parole revocation fine “[i]n every case where a person is convicted of a crime and his or her sentence includes a period of parole,” the Court of Appeal struck the imposition of a parole revocation fine because appellant was sentenced to life without the possibility of parole.

A163724

In an appeal from the termination of parental rights, the Court agreed with mother and found the Agency failed to make a proper inquiry of extended family members regarding the child’s possible Indian ancestry and the juvenile court failed to ensure the Agency’s compliance with its duty of inquiry. The court’s ICWA finding was therefore erroneous and the matter was conditionally reversed and remanded for ICWA compliance.

A160723

In light of Assembly Bill No. 177, which eliminated a range of administrative fees agencies and courts were authorized to impose and any outstanding debt incurred as a result of such fees, the Court of Appeal vacated the 10 percent collection fee to cover the administrative cots of collecting the restitution fine.

A162223/A162241

In denying the defendants’ petition for resentencing under former Penal Code section 1170.95, the trial court found that the prosecutor had proven beyond a reasonable doubt that the defendants directly aided and abetted the murder. However, the Court of Appeal held that the trial court’s judgment must be reversed because the record failed to reveal mandatory elements of direct aider and abettor liability, namely that (1) a third party perpetrator, who harbored express or implied malice, lethally shot the victim; (2) that each defendant wasaware of and shared the perpetrator’s intent or acted in conscious disregard for human life; and (3) that each defendant assisted, encouraged, or facilitated the commission of the crime.

A159074

The Court of Appeal held that insufficient evidence supported an embezzlement conviction (Pen. Code, § 504) because, although appellant had access to the company’s money and was responsible for keeping the company’s checking account balanced, the record did not show that the company had entrusted appellant with possession or control of the money she stole as required under the statute.

A160120

The Court of Appeal remanded for resentencing in light of two amendments (Senate Bill No. 567 (2021-2022 Reg. Sess.) and Assembly Bill No. 124 (2021-2022 Reg. Sess.)) to Penal Code section 1170, which limited the court’s ability to impose a sentence exceeding the middle term and created a presumption in favor of the low term where specified circumstances were “contributing factor[s] in the commission of the offense.” Upon remand, the Court further found it was appropriate for the trial court to reconsider its decision on fines and fees as well.

A164599

In light of Assembly Bill No. 1869 (2019–2020 Reg. Sess.), which eliminated certain fees in criminal cases and rendered the unpaid balance of any such fees unenforceable and uncollectible, the Court of Appeal vacated the probation investigation fee.