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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 Feb. 27, 2023
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 Feb. 27, 2023
People v. Johnson
Sentencing scheme for certain sex offenses violated the Sixth Amendment where it allowed for a judge, rather than a jury, to determine whether the offenses occurred on separate occasions. 		Criminal Law and Procedure 1DCA/4 Feb. 24, 2023
People v. McWilliams
Attenuation doctrine did not apply to evidence obtained in violation of Fourth Amendment because discovery of a parole search condition was not an intervening circumstance in officer's decision to search. 		Criminal Law and Procedure CASC Feb. 24, 2023
Cruz v. Arizona
The Arizona Supreme Court's application of state law to recent federal case law was so novel and unfounded that it did not constitute adequate state procedural grounds to preclude federal review. 		Criminal Law and Procedure USSC Feb. 23, 2023
People v. Kenney
Son received proper notice that he was violating his mother's domestic violence restraining order since deputies yelled to him about the move-out order before breaking his door and arresting him. 		Criminal Law and Procedure 4DCA/1 Feb. 23, 2023
People v. Muhammad
Trial court allowing jury to deliberate during the COVID-19 pandemic was neither coercive nor did it deprive defendant of due process of law. 		Criminal Law and Procedure 2DCA/6 Feb. 23, 2023
People v. Sundberg
Defendant's appeal was dismissed because *Anders/Wende* independent review procedures do not apply to civil commitments. 		Criminal Law and Procedure 4DCA/1 Feb. 22, 2023
People v. Venable
Newly enacted Evidence Code Section 352.2 prevented admission of a prejudicial rap video into evidence because the statute applied retroactively to cases that are not yet final. 		Criminal Law and Procedure 4DCA/2 Feb. 22, 2023
People v. Sallee
Penal Code Section 1170(b)'s hierarchical sentencing was inapplicable where defendant had entered a plea agreement with specified sentencing terms. 		Criminal Law and Procedure 5DCA Feb. 17, 2023
People v. Todd
Despite negotiated plea agreement, imposition of upper-term sentence was improper absent finding of aggravating circumstances. 		Criminal Law and Procedure 6DCA Feb. 17, 2023
U.S. v. Alvarez
Illegal alien's removal order was not fundamentally unfair because his prior state conviction for assault met the definition of a crime of violence. 		Criminal Law and Procedure 9th Feb. 17, 2023
U.S. v. Michell
Court's plain error was not reversible because there was no reasonable probability that defendant was ignorant that he had been convicted of a crime punishable by longer than a year. 		Criminal Law and Procedure 9th Feb. 16, 2023
U.S. v. Farias-Contreras
Government's inclusion of information not specifically relevant to drug trafficker's case breached the parties' plea agreement. 		Criminal Law and Procedure 9th Feb. 16, 2023
People v. Mendoza
Court was not required to dismiss firearm enhancement pursuant to Section 1385(c)(2)(C) where dismissal would endanger public safety. 		Criminal Law and Procedure 4DCA/2 Feb. 14, 2023
People v. Anderson
Statutory phrase indicating that felony enhancement "shall be dismissed" if a mitigating circumstance is present did not override court's discretion to dismiss pursuant to Penal Code Section 1385(c). 		Criminal Law and Procedure 2DCA/7 Feb. 8, 2023
People v. Pack
Due process required vacating conviction for assault with force likely because there was insufficient notice defendant could be convicted as a lesser included offense of assault with a deadly weapon. 		Criminal Law and Procedure 1DCA/4 Feb. 8, 2023
People v. The North River Insurance Company
Period for bail bond appearance may only be tolled by court if prosecution agrees. 		Criminal Law and Procedure 2DCA/8 Feb. 8, 2023
Amended Opinion: Creech v. Richardson
When seeking federal habeas relief, where "new" evidence proffered for ineffective assistance of counsel claim was duplicative, it could not transform the claim into a new, unexhausted claim. 		Criminal Law and Procedure 9th Feb. 7, 2023
Modification: People v. Cress
Trial court's dismissal of second petition seeking vacatur of murder conviction was appropriate where appeal of the original petition was still pending. 		Criminal Law and Procedure 4DCA/2 Feb. 6, 2023
People v. Superior Court (Fernandez)
Although nothing proved intent to kill at moment of fatal act, torture-murder special circumstance should have been reinstated when ample evidence demonstrated defendant's intent to torture and intent to kill. 		Criminal Law and Procedure 4DCA/2 Feb. 3, 2023
U.S. v. Barrogo
District court correctly imposed sentence increase for scheme involving EBT cards because Personal Identification Numbers are authentication features that, under the Sentencing Guidelines, are not required to be physically on the card itself. 		Criminal Law and Procedure 9th Feb. 3, 2023
Modification: People v. Henderson
Passage of the Three Strikes Reform Act did not alter courts' authority to impose concurrent terms for felonies committed on the same occasion or same operative facts. 		Criminal Law and Procedure CASC Feb. 3, 2023
People v. Maldonado
Defendant established prima facie case for resentencing relief where he demonstrated it was possible the jury had improperly convicted him based on a theory of imputed malice murder. 		Criminal Law and Procedure 1DCA/5 Feb. 1, 2023
People v. Ornelas
When probationer skips probation, the court may adjust probation term's expiration date to add the days probationer skipped, even if it results in an end date more than two years after the start date. 		Criminal Law and Procedure 1DCA/2 Feb. 1, 2023
People v. Fuentes
Protective order requiring defendant to not "disturb the peace" with his girlfriend was not unconstitutionally vague because it was clearly directed toward curbing his domestic violence. 		Criminal Law and Procedure 1DCA/2 Feb. 1, 2023
U.S. v. Baker
Police exceeded the appropriate scope of a stop-and-frisk search of the defendant by seizing a car key, locating the car it belonged to, and searching the car. 		Criminal Law and Procedure 9th Jan. 31, 2023
People v. Ortiz
Refusal to dismiss enhancement was not an abuse of discretion where trial court determined it did not further justice because numerous aggravating factors were collectively weightier than a single, heavily-weighted mitigating factor. 		Criminal Law and Procedure 6DCA Jan. 30, 2023
People v. Bolanos
One Strike law for serious sex crime survived defendant's equal protection challenge because Legislature's concern for the higher recidivism rate of sex offenders was a rational basis for disparate treatment. 		Criminal Law and Procedure 5DCA Jan. 30, 2023
People v. Espinoza
Lawful permanent resident who established 40 years of ties with the United States established that he would have rejected a plea offer had he understood the immigration consequences. 		Criminal Law and Procedure CASC Jan. 27, 2023
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