Remand to 1) correct sentencing error, which was imposition of full, consecutive sentence instead of 1/3 the mid-term as a subordinate term in violation of PC 1170.1 and 2) allow court to exercise discretion to strike gun-use and serious prior felony enhancements.
A150584
- December 14, 2018
- Division: One
- Attorney: Gordon Brownell
- Categories: Criminal, Sentencing
A150858
- December 14, 2018
- Division: Two
- Attorney: Michael Allen
- Categories: Criminal, Sentencing
The Court of Appeal remanded the matter to allow the trial court to exercise its discretion to strike the gun use and prior serious felony enhancements (Penal Code, §§ 12022.53, 667(a)). In so doing, the Court of Appeal found that the trial court comments about hypothetical discretion does not necessarily indicate what the trial court would do in an actual exercise of discretion.
A153761
- December 14, 2018
- Attorney: Aida Aslanian
- Categories: Dependency, Petitions to Modify (Section 388)
The Court of Appeal found the juvenile court abused its discretion in denying maternal grandmother’s section 388 petition for modification. The Court remanded the matter for a hearing on the merits of the petition and directed the juvenile court to appoint counsel to represent maternal grandmother in those proceedings.
A153211
- December 13, 2018
- Attorney: Joe Tavano
- Categories: Dependency, ICWA
In this appeal from the termination of parental rights, father raised the beneficial relationship exception and ICWA violations. The Court of Appeal found that the adequacy of the ICWA investigation was uncertain and the record failed to show the juvenile court ruled on the ICWA issue. The matter was remanded to the juvenile court for ICWA compliance.
A129664
- December 12, 2018
- Division: Four
- Attorney: Clifford Gardner
- Categories: Criminal, Sentencing
Court of Appeal remanded the matter to the trial court to exercise its discretion under SB 620, amended Penal Code section 12022.53, subdivision (h), whether to strike gun-use enhancement.
A147669
- December 12, 2018
- Division: Three
- Attorney: Cynthia Jones
- Categories: Criminal, Sentencing
Remand to trial court to determine whether to strike a five-year enhancement under Penal Code section 667, subdivision (a)(1) authorized by a recently enacted amendment to Penal Code section 1385, subdivision (b).
A150790
- December 12, 2018
- Division: Two
- Attorney: Ozro Childs
- Categories: Criminal, Sufficiency of the Evidence
The Court of Appeal modified the judgment from first degree murder to second degree murder after concluding the circumstantial evidence regarding the manner of killing in this case did not furnish a reasonable foundation for an inference of premeditation and deliberation, and therefore did not overcome the presumption that the killing constitutes murder of the second, rather than the first, degree. Also, per SB 620, the court ordered the trial court to exercise its discretion in deciding whether to strike or dismiss a firearm enhancement (PC 12022.53.)
A151669
- December 12, 2018
- Division: Two
- Attorney: Janice Jenkins
- Categories: Criminal, Delinquency, Probation, Parole, PRCS, and Mandatory Supervision
The Court of Appeal struck probation condition requiring minor to release sex offender treatment information to the victims’ therapists as unconstitutionally overbroad. Also remanded after finding electronic devices search conditions unconstitutionally overbroad for lack of qualifying language limiting search to minor’s devices or passwords and to his accounts or accounts he had access or control over and limitation to type of information subject to search.
A153896
- December 12, 2018
- Attorney: Liana Serobian
- Categories: Dependency, Permanency Planning (Section 366.26)
In this published opinion, the Court of Appeal reversed the order terminating parental rights and remanded the case to the juvenile court to consider an appropriate long term plan for the children. The Court stated that the standard for the beneficial relationship exception to adoption was whether the children benefit from the presence of the parent in their lives, not whether they could eventually be happy without her. The Court noted that parental rights could not be terminated based on an unenforceable expectation that the prospective adoptive parents would voluntarily permit future contact.
A147849
- December 11, 2018
- Division: Five
- Attorney: Shannon Chase
- Categories: Criminal, Delinquency, Sentencing
Convictions conditionally reversed and matter remanded, pursuant to SB 1391, to juvenile court for transfer hearing and determination whether juvenile court treatment is appropriate for any offenses committed. If so, juvenile court ordered to impose an appropriate juvenile disposition. If any offenses are found inappropriate for juvenile court treatment and after transfer hearing, matter is returned to adult criminal court, the trial court must resentence and consider striking the term imposed for the firearm enhancement (SB 620).