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People v. Wilson
Prosecutor's statement that jury could "presume" from evidence of uncharged sexual offense that defendant committed a crime was not misconduct because jury would have understood "presume" in its colloquial sense. 		Criminal Law and Procedure 4DCA/1 Mar. 31, 2023
People v. Shkrabak
Schizophrenic defendant's motion to dismiss his prior conviction for brandishing a knife on his father was denied because dismissal would endanger public safety. 		Criminal Law and Procedure 3DCA Mar. 30, 2023
People v. Pantaleon
The People were not required to plead aggravating factors because aggravating factors are not the same as enhancements under amended Penal Code Section 1170.1(e). 		Criminal Law and Procedure 3DCA Mar. 30, 2023
People v. Bautista-Castanon
Though defendant's lewd act convictions were affirmed, changes to Penal Code Sections 1170 and 654 required remand for resentencing. 		Criminal Law and Procedure 1DCA/4 Mar. 30, 2023
People v. Hurtado
Denial of resentencing petition without appointing counsel was harmless error where petitioner was ineligible for the relief sought as a matter of law. 		Criminal Law and Procedure 2DCA/6 Mar. 29, 2023
Modification: Estrada v. Superior Court (People)
Trial court did not abuse its discretion by continuing criminal cases past statutory last day for trial due to the COVID-19 pandemic. 		Criminal Law and Procedure 1DCA/1 Mar. 29, 2023
People v. Butler
Remand for resentencing necessary because court could not conclude beyond a reasonable doubt that jury would have found true beyond a reasonable doubt all of the aggravating factors on which trial court relied in selecting upper term. 		Criminal Law and Procedure 4DCA/2 Mar. 29, 2023
People v. Brown
Even absent a showing of good cause, a court should grant a continuance on a suppression hearing where doing otherwise would eliminate the prosecution's ability to prosecute a legitimate case. 		Criminal Law and Procedure CASC Mar. 28, 2023
People v. Myles
Court erred in modifying the theft by larceny pattern instructions since it gave the jury an incomplete definition that omitted the crime's specific intent to steal element. 		Criminal Law and Procedure 4DCA/1 Mar. 27, 2023
People v. Patton
Petitioner who acted alone, pled no contest to attempted murder, and admitted to discharging firearm was not eligible for Section 1172.6 relief as a matter of law. 		Criminal Law and Procedure 2DCA/3 Mar. 24, 2023
People v. Villalba
Defendant established prejudicial error when totality of evidence supported that he would not have agreed to plea with knowledge of the negative immigration consequences, given his extensive ties to the United States. 		Criminal Law and Procedure 2DCA/2 Mar. 23, 2023
People v. Nakano
Trial court abused its discretion when it terminated defendant's probation, prior to completion of a sex offender management program, without applying the standard required by Penal Code Section 1203.3(a). 		Criminal Law and Procedure 6DCA Mar. 22, 2023
Modification: People v. Burgess
Reversal warranted when trial court's factual findings evidenced there was no felony predicating the felony murder conviction. 		Criminal Law and Procedure 3DCA Mar. 21, 2023
People v. Ruiz
Habeas corpus petition for ineffective assistance of counsel was granted where defense counsel's complete lack of adversarial tactic was due to a brain tumor. 		Criminal Law and Procedure 2DCA/8 Mar. 16, 2023
People v. Burke
Penal Code Section 1385(c) is only applicable to enhancements and therefore could not be used to remove defendant's prior strike conviction. 		Criminal Law and Procedure 3DCA Mar. 15, 2023
People v. Tice
Testimony by victim and witness constituted substantial evidence upon which trial court could rely to conclude substance defendant sprayed on county employee was bodily fluid within the meaning of Penal Code Section 243.9(b). 		Criminal Law and Procedure 4DCA/2 Mar. 15, 2023
People v. Ngo
*Franklin* hearings, allowing the preservation of youth-related mitigating factors for a future hearing, do not violate equal protection principles, despite being unavailable to those sentenced to life without parole. 		Criminal Law and Procedure 4DCA/2 Mar. 14, 2023
People v. Oliva
Court did not need to bifurcate trial under newly enacted Penal Code Section 1109 because the gang evidence was relevant for defendant's murder charge and was not highly prejudicial. 		Criminal Law and Procedure 4DCA/2 Mar. 13, 2023
People v. Arreguin
Where conviction involving special circumstance findings made before *Banks* and *Clark*, an evidentiary hearing for Penal Code Section 1172.6 petition for resentencing was required. 		Criminal Law and Procedure 2DCA/6 Mar. 13, 2023
Modification: People v. Lopez
Defendant was not entitled to reversal of his first degree murder conviction based on changes to the felony-murder rule because a special circumstance finding rendered him ineligible. 		Criminal Law and Procedure 4DCA/2 Mar. 13, 2023
U.S. v. Salazar
Providing safety-valve relief to Mexican Mafia prison member required he proffer all information regarding the prison drug scheme regardless of the information's relevance or usefulness. 		Criminal Law and Procedure 9th Mar. 9, 2023
People v. Brown
To prove first-degree murder by means of poison, the prosecution must show the defendant deliberately gave the victim poison with the intent to kill the victim or inflict injury likely to cause death. 		Criminal Law and Procedure CASC Mar. 3, 2023
In re Cabrera
Where jury was deadlocked as to defendant's "great bodily injury" charge, sentencing court may not impose enhancement based on its own finding of great bodily injury. 		Criminal Law and Procedure CASC Mar. 3, 2023
Estrada v. Superior Court (People)
Trial court did not abuse its discretion by continuing criminal cases past statutory last day for trial due to the COVID-19 pandemic. 		Criminal Law and Procedure 1DCA/1 Mar. 3, 2023
People v. Lewis
Remand for resentencing was appropriate under amended Penal Code Section 1170(b) because the court could not conclude that the jury would have found at least one aggravating circumstance true beyond a reasonable doubt. 		Criminal Law and Procedure 4DCA/2 Mar. 3, 2023
People v. Ung
Restitution order requiring the defendant to make in-kind restitution in the form of cryptocurrency was not an abuse of discretion despite substantial increase in value. 		Criminal Law and Procedure 6DCA Mar. 2, 2023
People v. Fugit
Jury instruction that force-likely assault was lesser included offense of assault with a deadly weapon was not prejudicial because a ceramic mug cannot cause bodily injury without application of force. 		Criminal Law and Procedure 1DCA/5 Mar. 2, 2023
U.S. v. Taylor
Where officers' actions were objectively reasonable, a seemingly prolonged stop was not a Fourth Amendment violation. 		Criminal Law and Procedure 9th Mar. 2, 2023
People v. Pierce
Order denying Secretary of CDCR's recommendation to recall defendant's 2011 sentence was reversed to allow for a hearing and reconsideration of postconviction factors pursuant to Penal Code Section 1172.1 changes. 		Criminal Law and Procedure 2DCA/6 Mar. 1, 2023
People v. Jones
Presentence custody credits for defendant who pled no contest to assault with a firearm was entitled to ordinary calculation of presentence custody credits. 		Criminal Law and Procedure 2DCA/8 Feb. 28, 2023
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