The Fifth District holds that Penal Code section 1172.75(f) excludes from resentencing only inmates who were both convicted of a sexually violent offense and sentenced to death or LWOP — reopening SB 483 resentencing for many lifers.
The Fifth District holds that body-worn camera footage showing an officer left a DUI suspect alone in a patrol car during the required 15-minute observation period is sufficient to rebut the presumption that breath test procedures were properly followed.
Fifth District holds that Penal Code section 292’s definitions of ‘acts of violence’ and ‘great bodily harm’ are constitutional under California Constitution article I, section 12, and that a no-bail order in a serious child sexual abuse case was supported by clear and
Fifth District holds that the mere presence of peace officers attempting a routine traffic stop is not the ‘objective correlate’ required to support an imperfect self-defense instruction for a defendant whose only basis for self-defense was a delusion.
Fifth District holds (on transfer from the California Supreme Court) that trial courts may impose upper-term sentences based on California Rules of Court rule 4.421(b) factors derived from prior convictions, but vacates the prior-strike finding under People v. Fletcher.
Fifth District holds that grand jury transcripts and police reports are not within section 1172.6(d)(3)’s hearsay exception and were inadmissible at the petitioner’s section 1172.6 evidentiary hearing, vacating the denial and remanding for a new hearing.
Fifth District holds Penal Code section 4600’s specific statute on damaging jail or prison property displaces the general felony vandalism statute, requiring reversal of an inmate’s vandalism conviction and remand for resentencing.