[Published Opinion] In a complex, multi-defendant appeal from both a resentencing under SB 620 and SB 1393 and the partial denial of defendants’ PC 1172.6 petitions, the Court of Appeal held, among other things, that: (1) neither the jury’s “intent to kill” findings in connection with the gang-murder special circumstances, nor the Court of Appeal’s prior holding that the Chiu error in the case was harmless, preclude a prima facie showing under PC 1172.6; and (2) AB 333’s amendments to PC 186.22 require reversal and retrial on the gang-related firearm enhancements (PC 12022.53(e)) and gang-murder special circumstances (PC 190.2(a)(22)).
A162472
- June 30, 2023
- Division: Two
- Attorney: Audrey Chavez
- Categories: Criminal, Sentencing
A161996
- June 29, 2023
- Division: One
- Attorney: James Donnelly-Saalfield
- Categories: Criminal, Sentencing
The Court of Appeal remanded for resentencing in light of recent amendments (Senate Bill No. 567 and Assembly Bill No. 124) to PC 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 the defendant experienced psychological, physical, or childhood trauma and those factors contributed to the commission of the offense. Here, the probation report indicated that appellant had a “difficult” childhood, during which he experience physical abuse, neglect and other trauma.
A162830
- June 28, 2023
- Division: Two
- Attorney: Stanley Radtke
- Categories: Criminal, Sentencing
The Court of Appeal remanded for resentencing in light of recent amendments (Senate Bill No. 567 (2021-2022 Reg. Sess.)) to PC 1170, which now requires that circumstances in aggravation used to justify imposition of the upper term be found true by the jury, admitted by the defendant, or based on prior convictions evidenced by a certified record of conviction. The court further held that a remand was necessary, notwithstanding that appellant stipulated to the upper term as part of his plea agreement.
A166523
- June 27, 2023
- Division: Two
- Attorney: Anna Rak
- Categories: Dependency, ICWA
In an appeal from the termination of parental rights, the Court agreed that the Agency and juvenile court failed to fulfill their duties to adequately inquire about the minor’s possible Indian heritage. The Court declined to follow the presumptive affirmance rule but found reversal was required under each of the other harmless error rules. The matter was conditionally reversed and remanded for compliance with the ICWA.
A163959
- June 26, 2023
- Division: Two
- Attorney: Sandra Gillies
- Categories: Criminal, Retroactivity of Changes in Law, Sentencing
The Court of Appeal remanded for resentencing in light of recent amendments to PC 1170, which limited the court’s ability to impose a sentence exceeding the middle term, and PC 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). Upon remand, the sentencing court is free to conduct a full resentencing.
A165249
- June 26, 2023
- Division: Two
- Attorney: Leila Moncharsh
- Categories: Criminal, Sentencing
In this appeal from a CDCR-initiated resentencing request under PC 1170(d)(1), the Court of Appeal, agreeing with both appellant and the AG, held that the trial court erred by finding appellant posed an unreasonable risk of danger to public safety because there was nothing in the record to support a finding that appellant was at risk of committing a future super strike under PC 667(e)(2)(C)(iv).
A164746
- June 23, 2023
- Division: One
- Attorney: Michael Allen
- Categories: Criminal, Sentencing
The Court of Appeal held that the trial court erred in sentencing appellant for felony false imprisonment, when the jury found him guilty of the lesser included offense of misdemeanor false imprisonment.
A162926
- June 21, 2023
- Division: Three
- Attorney: Bobbie Stein
- Categories: Criminal, General, Retroactivity of Changes in Law
The Court of Appeal remands for the trial court to reconsider appellant’s PC 745 request for disclosure of records based on new case law (Young v. Superior Court (2022) 79 Cal.App.5th 138) and statutory amendments to section 745.
A165803
- June 20, 2023
- Division: Five
- Attorney: S. Lynne Klein
- Categories: Dependency, ICWA, Permanency Planning (Section 366.26)
In an appeal from the termination of parental rights, the Court of Appeal finds the Department failed to comply with ICWA’s initial inquiry requirements. The Court states the error was not harmless when multiple family members were contacted by the Department but never questioned regarding ICWA. The order terminating parental rights was conditionally affirmed and remanded for compliance with the ICWA.
A164326
- June 20, 2023
- Division: Two
- Attorney: Rachel Belden
- Categories: Criminal, Retroactivity of Changes in Law, Sentencing
The Court of Appeal remanded the case for the trial court to reconsider appellant’s sentence in light of two amendments to Penal Code section 1170, which created a presumption in favor of the low term where the defendant was a youth or experienced psychological, physical, or childhood trauma and those factors contributed to the commission of the offense.