People v. Garcia – Prop 47 applies even where imposition of sentence was suspended
This is an important case out of the Sixth Appellate district, which arose out of the Monterey Superior Court. There, a defendant brought a petition for resentencing under Proposition 47 to have her felony conviction for methamphetamine possession reduced to a misdemeanor. The court originally had suspended the imposition of sentence, placed her on felony probation for […]
United States v. Teng Jiao Zhou – 9th Circuit upholds denaturalization of a citizen 20 years after the fact
On March 7, 2016, the Ninth Circuit upheld the denaturalization of a United States Citizen 20 years after he was granted citizenship. I cannot state strongly enough how important it is to have counsel when applying for naturalization. The U.S. government routinely deports people who apply for naturalization when they discover a fact that they […]
California senate votes to remove mandatory jail for prostitution
The California Senate on Tuesday passed legislation that would remove mandatory minimum jail sentences for repeat prostitution offenses. Under current state law, a second conviction guarantees at least 45 days in jail, which increases to a minimum 90-day sentence for a third offense and beyond. Read more here: http://www.sacbee.com/news/politics-government/capitol-alert/article75226367.html#storylink=cpy
Online Petition Launched Against Orange County DA Investigator Involved In Courthouse Beating
Well, you don’t see this every day. A DA investigator pummeled a defense attorney, in court, fracturing a facial bone. The investigator was a former police officer who made $206,000 the prior year. Not surprisingly, he was not arrested. There is however, a petition to the Attorney General to have him arrested. You can read […]
People v. Arredondo – DUI – Sixth District holds that implied consent law does not authorize warrantless blood draws
On February 26, 2016, the Sixth District decided an appeal that originated in Santa Clara County. Defendant drove away from a gathering at which he and his passengers had been drinking. A passenger testified that after visiting a liquor store, defendant began to “drive crazy,” ultimately causing the vehicle to flip. Three passengers fled the […]