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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
U.S. v. Eller
Overwhelming evidence of defendant's subjective intent supported his conviction for attempted solicitation of a minor despite the fact he negotiated through intermediaries. 		Criminal Law and Procedure 9th Jan. 26, 2023
People v. Kite
Penal Code Section 1203(l)(1) requires imposing the maximum possible sentence aggregately rather than separately. 		Criminal Law and Procedure 4DCA/1 Jan. 25, 2023
People v. Gonzalez
Court held a valid Penal Code Section 1172.6 evidentiary hearing despite not issuing an order to show cause because it followed the proper procedure and issued an evidentiary ruling. 		Criminal Law and Procedure 2DCA/5 Jan. 24, 2023
People v. Waldon
Trial court conducted insufficient inquiry into whether defendant was competent to waive his right to counsel since it did not properly consider expert psychological testimony or defendant's stated reasoning. 		Criminal Law and Procedure CASC Jan. 24, 2023
People v. Davis
Defendant's voluntary enrollment in a residential drug treatment program could not be credited to his prison term for rape because the stay was not custodial and unrelated to the charge. 		Criminal Law and Procedure 1DCA/1 Jan. 23, 2023
People v. Morgan
Defendant's prior vehicular manslaughter convictions could not be used to enhance his current misdemeanor DUI charges to a felony because enhancement statute did not specifically include the prior violations. 		Criminal Law and Procedure 4DCA/1 Jan. 23, 2023
People v. Silva
Defendant was liable under the recently amended felony-murder rule since he participated in a deadly gang stabbing attack that he knew was likely to cause death. 		Criminal Law and Procedure 5DCA Jan. 20, 2023
Shulman v. Kaplan
Cannabis business owners lacked standing to pursue Racketeer Influenced and Corrupt Organizations Act claims because statute's protection of "business or property" did not cover federally illegal cannabis businesses. 		Criminal Law and Procedure 9th Jan. 19, 2023
Amended Opinion: In re Jane Doe
The 72-hour deadline for considering an aggrieved victim's mandamus petition imposed by the Crime Victims' Rights Act is not a jurisdictional deadline. 		Criminal Law and Procedure 9th Jan. 19, 2023
People v. Nash
Defendant was not adequately put on notice of sentencing enhancement for committing lewd act on two victims under 14 years old since the pleadings never mentioned the relevant enhancement provision. 		Criminal Law and Procedure 4DCA/1 Jan. 18, 2023
Modification: People v. Sherman
Defendant's conviction for dissuading a victim was affirmed since his attempt to prevent access to her phone could reasonably be considered an attempt to prevent her from calling the police. 		Criminal Law and Procedure 1DCA/4 Jan. 17, 2023
U.S. v. Munoz
Federal sentence enhancement for offense involving three or more firearms was appropriate where defendant's possession of a polymer kit gun was violation of state law. 		Criminal Law and Procedure 9th Jan. 12, 2023
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 Jan. 11, 2023
Modification: People v. Walker
Under Senate Bill Number 81, there is a presumption but not an obligation in favor of dismissal of sentencing enhancements when there are mitigating circumstances present. 		Criminal Law and Procedure 2DCA/2 Jan. 9, 2023
U.S. v. Mongol Nation
Under the Racketeer Influenced and Corrupt Organizations Act, any forfeitable property vests in the government even if the government explicitly states otherwise in its preliminary order of forfeiture. 		Criminal Law and Procedure 9th Jan. 9, 2023
U.S. v. Knight
Allowing juror to participate remotely for two days via Zoom was not a structural error. 		Criminal Law and Procedure 9th Jan. 5, 2023
People v. Guiffreda
Evidence was insufficient to support finding beyond a reasonable doubt that defendant acted with the reckless indifference to human life requisite to support felony murder conviction. 		Criminal Law and Procedure 4DCA/1 Jan. 4, 2023
Box v. Superior Court (People)
Challenges of racial bias in jury selection requires courts to separate prosecution's work product notes from information that could reveal racial bias. 		Criminal Law and Procedure 4DCA/1 Jan. 3, 2023
In re O'Connor
Defendant not entitled to release on bail as a matter of law because she was charged with qualifying felony offenses involving acts of violence on another person within the meaning of California Constitution, Article I, Section 12(b). 		Criminal Law and Procedure 6DCA Jan. 3, 2023
People v. Ross
Where it was uncertain whether trial court would have imposed same sentence had it known of Senate Bill 567's requirements, remand for resentencing was the proper course of action. 		Criminal Law and Procedure 1DCA/3 Dec. 30, 2022
U.S. v. Anderson
Inventory search of truck parked illegally by driver without valid license on private property was not Fourth Amendment violation where vehicle was impounded for valid community caretaking purpose. 		Criminal Law and Procedure 9th Dec. 30, 2022
People v. Tacardon
Defendant was not detained within the meaning of the Fourth Amendment because a reasonable person would view deputy's use of a spotlight as lacking in coercive force. 		Criminal Law and Procedure CASC Dec. 30, 2022
People v. Kelly
Trial court had no discretion to impose a lesser sentence because Penal Code Section 1170(b)(6) does not apply to sentences imposed pursuant to a negotiated disposition that includes an agreed-upon term of imprisonment. 		Criminal Law and Procedure 2DCA/6 Dec. 30, 2022
People v. Lipscomb
Trial court was not required to strike sentence enhancement that resulted in a sentence longer than 20 years where it found dismissal would endanger public safety. 		Criminal Law and Procedure 1DCA/2 Dec. 30, 2022
People v. White
A Franklin hearing is an evidence preservation process for the eventual determination of parole, not a process to reopen or reconsider a sentence, and thus does not render the judgment nonfinal and subject to Assembly Bill No. 518. 		Criminal Law and Procedure 3DCA Dec. 29, 2022
U.S. v. Macapagal
Conviction for attempted enticement of child did not require defendant believed he was communicating directly with a minor where ample evidence showed his intent to obtain sex with a minor. 		Criminal Law and Procedure 9th Dec. 29, 2022
People v. Whitmill
Motion for mental health diversion was improperly denied because there was no substantial evidence that defendant was too dangerous to be treated in the community and commit a violent super strike. 		Criminal Law and Procedure 2DCA/8 Dec. 28, 2022
People v. Jones
Because *People v. Moore* was decided after resentencing, case must be remanded to allow for consideration of defendant's youth when determining reckless indifference standard based on statutory changes to felony murder. 		Criminal Law and Procedure 1DCA/5 Dec. 28, 2022
People v. Williams
Defendant's felony murder resentencing petition was denied because jury instructions and jury's true finding of special circumstance established that jury found he acted with requisite intent and conduct. 		Criminal Law and Procedure 1DCA/3 Dec. 28, 2022
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