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Name Category Published
People v. Superior Court (Schultz)
When court grants motion to set aside information, it may direct district attorney to file information conditioned upon subsequent hearing before magistrate. 		Criminal Law and Procedure Oct. 2, 2002
People v. Andrade
After imposing restitution fine and suspended parole revocation fine, court could later impose parole revocation fine when defendant violated probation. 		Criminal Law and Procedure Oct. 2, 2002
People v. Westbrook
Defendant, previously adjudicated of committing robbery in juvenile court delinquency proceeding, is entitled to participate in drug treatment program under Proposition 36. 		Criminal Law and Procedure Oct. 2, 2002
People v. Rodriguez
The absence of definitional instructions to clarify term "recurring access" in sex offender statute was not error. 		Criminal Law and Procedure Oct. 2, 2002
Fletcher v. Superior Court
Police officer's prior employment history at previous law enforcement agency is subject to discovery proper 'Pitchess' motion. 		Criminal Law and Procedure Oct. 2, 2002
Baqleh v. Superior Court (People)
Court may order defendant to submit to a mental evaluation by prosecution expert but must comply with requirements of Civil Discovery Act. 		Criminal Law and Procedure Oct. 2, 2002
People v. Statum
People may appeal superior court's decision to impose misdemeanor sentence for 'wobbler' offense. 		Criminal Law and Procedure Oct. 2, 2002
People v. Cash
Trial court's failure to permit voir dire on whether juror could impose life in prison without parole is prejudicial error. 		Criminal Law and Procedure Oct. 2, 2002
People v. Muszynsiki
Individual apartments damaged by fire are not separate structures under aggravated arson statute. 		Criminal Law and Procedure Oct. 2, 2002
People v. Watie
Where defendant shot at victim in his home, jury is properly instructed on defense of dwelling. 		Criminal Law and Procedure Oct. 2, 2002
People v. Superior Court (Jimenez)
Prosecution may not render judge unavailable to rehear suppression motion by challenging that judge under Code of Civil Procedure Section 170.6. 		Criminal Law and Procedure Oct. 2, 2002
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board of California (4805 Convoy Inc.)
Undercover officer's inquiry of 'more skin' posed to exotic dancer does not constitute entrapment. 		Criminal Law and Procedure Oct. 2, 2002
People v. Alvarez
Application of one strike law to lewd conduct charges committed before law took effect violates ex post facto prohibitions. 		Criminal Law and Procedure Oct. 2, 2002
People v. Verlinde
As matter of law, co-perpetrator is not accomplice of defendant convicted of gross vehicular manslaughter. 		Criminal Law and Procedure Oct. 2, 2002
People v. Culp
Court should have aggregated non-continuous periods of presentence custody for purpose of calculating credits. 		Criminal Law and Procedure Oct. 2, 2002
People v. Storm
Defendant's s statements made at non-custodial home interview are admissible where defendant invoked 'Miranda' rights during polygraph exam three days earlier. 		Criminal Law and Procedure Oct. 2, 2002
People v. Phillips
Cocaine and cocaine base are two different substances and they should not be aggregated for sentence enhancement purposes. 		Criminal Law and Procedure Oct. 2, 2002
People v. Linn
Court finds no merit to convicted defendant's challenges to jury instructions. 		Criminal Law and Procedure Oct. 2, 2002
People v. Martinez
Defendant who asked minor for oral sex did not commit criminal solicitation. 		Criminal Law and Procedure Oct. 2, 2002
People v. Linn
Order 		Criminal Law and Procedure Oct. 2, 2002
People v. Ortiz
Kidnapping-for-carjacking statute does not require that physical movement of victim 'substantially' increase risk of harm to victim. 		Criminal Law and Procedure Oct. 2, 2002
People v. Crosswhite
Sentence extending commitment of individual found guilty by reason of insanity does not violate due process or equal protection. 		Criminal Law and Procedure Oct. 2, 2002
People v. Delong
Defendant's appeal is not moot where conviction was set aside pursuant to Proposition 36 after successful completion of drug treatment program. 		Criminal Law and Procedure Oct. 2, 2002
City of Los Angeles v. Superior Court (Brandon)
Trial court's order, directing police agency to disclose to defense 10-year old information in arresting officer's personnel records, was improper. 		Criminal Law and Procedure Oct. 2, 2002
People v. Pizarro
DNA evidence is inadmissible where defendant's profile is improperly compared to Hispanic profile and perpetrator's ethnicity is unknown. 		Criminal Law and Procedure Oct. 1, 2002
People v. Wright
Trial court lacks authority to defer entry of judgment when prosecutor initially determines defendant is ineligible. 		Criminal Law and Procedure Oct. 1, 2002
People v. Noriega
Trial judge improperly delivered extemporaneous admonishment to the jurors against jury nullification, but in this specific case the error was harmless. 		Criminal Law and Procedure Oct. 1, 2002
People v. Sinohui
Exception to spousal testimony privilege is applied where husband committed crime against wife and third person in continuous course of criminal conduct. 		Criminal Law and Procedure Oct. 1, 2002
People v. Mack
Defendant is entitled to conduct credits for time spent in prison prior to reversal of conviction. 		Criminal Law and Procedure Oct. 1, 2002
People v. Manderscheid
Police officer's entry into backyard to knock on rear door did not invalidate subsequent consent to search residence. 		Criminal Law and Procedure Oct. 1, 2002
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