Court of Appeal reversed misdemeanor conviction for recent use of a controlled substance where it was barred by one year statute of limitations and reversed all fines and fees associated with that count.
Panel Victories are updated monthly.
A145857
- July 5, 2017
- Division: Four
- Attorney: Donald Bergerson, Peggy Headley
- Categories: Criminal, Fourth Amendment, Pleading and Proof
A148171
- February 2, 2017
- Attorney: Mara Bernstein
- Categories: Dependency, ICWA, Review Hearings
[Published Decision – 9 Cal.App.5th 339] Father appealed from the juvenile court’s findings at the six-month review hearing. The Court of Appeal agreed stating father’s out-of-state location and lack of participation did not excuse the Department’s failure to provide reasonable services. In addition, the Department failed to make the required active efforts under the ICWA to prevent the breakup of the Indian family.
A159539
- Division: One
- Attorney: Candace Hale
- Categories: Criminal, Sentencing
The Court of Appeal remanded for resentencing due to the recent statutory amendment to Penal Code section 654, which now affords trial courts the discretion to choose the count on which to impose punishment (instead of having to choose the one that provided for the longest potential term of imprisonment). The court further found that appellant’s kidnapping to commit rape and forcible rape punish the same act and, therefore, stayed the execution of sentence for the former offense.