The Sixth District ordered a trial court to reinstate blood-alcohol evidence in a DUI murder case, holding that a defendant’s breath-test request is irrelevant to blood-draw warrant probable cause and that the implied consent statute does not override a valid warrant.
Sixth District holds that trial courts lack inherent jurisdiction to correct unauthorized sentences after judgment becomes final, treats the appeal as a habeas petition, and orders the trial court to vacate a post-judgment resentencing that increased the defendant’s sentence.
Sixth District reverses dismissal of multiple criminal cases under Penal Code section 1001.36 mental health diversion, holding that a defendant who commits several dozen new crimes during diversion has not substantially performed the diversion requirements regardless of progress made afterward.