The Third District Court of Appeal exercised its discretion to independently review the record after appellate counsel filed a no-issue Wende brief and, finding no arguable error, affirmed the trial court’s postjudgment order denying Derrick Jamal Wilson’s petition under Penal Code section 851.91 to
The Court of Appeal held that Penal Code section 830.1, subdivision (c) restricts off-duty authority only for deputies hired, trained, and used for limited custodial service, and substantial evidence showed that Deputy Rosa was a regular deputy when she was killed.
People v. Northington: premature juror excusal requires a new trial and assault acquittal.
In an unpublished memorandum, the Ninth Circuit affirmed the denial of Thomas Johnson’s 28 U.S.C. § 2254 petition, holding that even if his sentence enhancement violated Apprendi, he failed to show the error had a substantial and injurious effect on his sentence.
In an unpublished memorandum, the Ninth Circuit affirmed Robert L. West’s three convictions for violating federal property regulations at a Portland Social Security hearings office, rejecting his nondelegation challenge, finding any Rule 404(b) error harmless, and holding the evidence sufficie
In an unpublished memorandum, the Ninth Circuit affirmed the denial of Tzun-Magaña’s motion to dismiss his illegal reentry indictment, holding that even assuming due process violations in his removal proceedings he could not show prejudice because his California robbery conviction made him cat
The Third District vacated a 20-year sentence because the trial court relied on an aggravating factor not found by a jury, while rejecting challenges to evidentiary rulings, finding judicial misconduct forfeited, and holding other sentencing and restitution errors harmless.
The Court of Appeal affirmed Saavedra’s sexual offense convictions and life terms after independently reviewing the record under Wende and Anders, rejecting the two potential issues identified by counsel and finding no reasonably arguable issues.
The Court of Appeal reversed the denial of Sunny Hsiao Shin Ting’s section 1172.6 petition because his murder-conviction evidentiary hearing occurred without his presence or a valid waiver, and the prosecution did not establish harmlessness beyond a reasonable doubt.
The Court of Appeal affirmed the judgment, holding that the trial court did not abuse its discretion in denying as untimely what it construed as Samoata’s mid-hearing request to continue sentencing to be represented by appointed counsel, applying good-cause and timeliness standards rather than
The First District Court of Appeal affirmed Eric Nguyen’s misdemeanor child-pornography conviction after appointed counsel filed a Wende brief, Nguyen filed no supplemental brief, and the court’s independent review of the record found no arguable issues, including no error in the denial
The Fifth District Court of Appeal affirmed Tyequez Shamar Baker’s premeditated murder conviction and 80-years-to-life sentence, finding sufficient evidence and rejecting his instructional, self-representation, and sentencing claims.
The Fourth District Court of Appeal affirmed the attempted-murder and related judgments against Bryan Inocencio and Carl Ray Flores Jr., rejecting instructional, constitutional, sentencing, and ineffective-assistance challenges while directing correction of Inocencio’s abstract of judgment to
The Court of Appeal reversed Andrew Alfrey’s conviction for driving a vehicle without consent because the trial court gave conflicting instructions and omitted the substantial break element required for posttheft driving, but affirmed his other convictions and Three Strikes sentences.
The Fourth District Court of Appeal, Division One, affirmed Claudell Hatter’s judgment after independently reviewing the record under People v. Wende and did not discover any arguable issues for reversal on appeal.
The Second District Court of Appeal affirmed Manahim Barragan’s murder conviction, finding any prosecutorial misconduct in closing argument harmless and no abuse of discretion in denying a mistrial or excusing a prospective juror for financial hardship.
The Court of Appeal affirmed Juan Carlos Moran’s assault conviction, holding that section 245(a)(1) is a lesser included offense of section 245(a)(2) and that evidence he pointed a gun at the victim supported the verdict even if the weapon was a BB or pellet gun.
The First District affirmed the trial court’s denial of Alfredo Valenzuela’s murder-resentencing petition, holding that his evidentiary objections were forfeited, that counsel had a rational tactical reason to accept the complete police interview, and that substantial evidence supported
The Second District Court of Appeal, Division Six, affirmed the judgment after appointed counsel filed a Wende brief, A.L. submitted no additional contentions, and the court’s independent review found no arguable issue.
The Court of Appeal, after independently reviewing the record pursuant to People v. Wende, found no arguable issues but ordered the trial court to correct the abstract of judgment to accurately reflect that defendant was sentenced to an indeterminate third-strike term of 27 years to life, not a dete
The Court of Appeal affirmed the judgment, holding that any error in a special instruction barring the jury from considering the defendant’s age was harmless because no evidence about adolescent brain development was presented at trial.
The Third District Court of Appeal reversed the judgment and remanded for a new trial, holding that the trial court abused its discretion by removing a deliberating juror whose consideration of the defendant’s mental health was based on admitted trial testimony and her own life experience, bec
The Sixth District Court of Appeal affirmed a juvenile court’s denial of deferred entry of judgment and its finding that a minor committed felony sexual battery, holding that the court properly exercised its discretion in determining the minor was unsuitable for DEJ and that substantial eviden
The Third District reversed Christopher John Smith’s stipulated three-year upper-term sentence and remanded so he may waive or invoke the amended section 1170(b) requirements under People v. Mitchell II.