Justia Criminal Law Opinion Summaries

Brandon Horton was convicted of stalking and making criminal threats against Seiko H. He was acquitted of making criminal threats against Seiko’s father, John H. At sentencing, the trial court issued a 10-year protective order prohibiting Horton from contacting both Seiko and John, and an order prohibiting Horton from possessing any deadly or dangerous weapons. Horton appealed, challenging the inclusion of John in the protective order and the prohibition on possessing deadly or dangerous weapons.The Los Angeles County Superior Court found Horton guilty of making criminal threats against Seiko and stalking her, with the jury finding true several aggravating factors. Horton was acquitted of making criminal threats against John. The trial court sentenced Horton to five years and eight months in state prison, with credit for time served, and issued the protective orders in question.The California Court of Appeal, Second Appellate District, Division Eight, reviewed the case. The court held that the trial court did not err in including John in the protective order, as there was sufficient evidence that Horton committed or attempted to commit harm against John. However, the court found that the trial court erred in extending the weapons prohibition beyond firearms to any deadly or dangerous weapon. The appellate court modified the judgment to strike the order prohibiting Horton from possessing any deadly or dangerous weapons, while affirming the judgment as modified. The trial court was directed to prepare an amended abstract of judgment and forward a certified copy to the Department of Corrections. View "P. v. Horton" on Justia Law

The case involves Robert Hinojos, who was convicted of three counts under the gang conspiracy statute, Penal Code section 182.5, related to an attack on a prison inmate by individuals associated with the Mexican Mafia. The underlying offenses were assault by a life prisoner, conspiracy to commit murder, and attempted murder. Hinojos appealed, raising several issues, including the application of section 654 to stay two of his convictions, the gang enhancement, the application of the Three Strikes law, the sufficiency of evidence, and jury instructions.The Superior Court of Los Angeles County convicted Hinojos and sentenced him to 50 years to life plus additional terms for the gang enhancement. The court imposed sentences on all three counts, which Hinojos argued should be stayed under section 654. He also contended that the gang enhancement should not apply, the Three Strikes law was improperly applied to one count, and the evidence was insufficient to support his convictions. Additionally, he challenged the jury instructions on the pattern of criminal gang activity and the natural and probable consequences doctrine.The California Court of Appeal, Second Appellate District, Division One, reviewed the case. The court agreed that two of Hinojos's three convictions must be stayed under section 654 but rejected the rest of his challenges. The court held that the gang enhancement punishes aspects of criminal conduct beyond those in the gang conspiracy statute, and therefore section 654 does not bar its imposition. The court also found that allegations of Three Strikes sentencing as to some counts are sufficient to allege sentencing as to all eligible counts. The evidence was deemed sufficient to support the convictions, and any error in not setting aside the indictment was harmless. The court concluded that the trial court properly instructed the jury on the pattern of criminal gang activity and the natural and probable consequences doctrine. The jury did not convict Hinojos of multiple conspiracies but rather a single conspiracy charged in three ways. The convictions were affirmed, and the case was remanded for the trial court to stay execution of the sentence on two of the three counts. View "P. v. Hinojos" on Justia Law

Andrew Christian Temple was found not guilty of first-degree murder but guilty of second-degree murder. The jury determined that Temple used a deadly weapon and inflicted great bodily injury on the victim. Temple was sentenced to 16 years to life in prison. He appealed, arguing that the trial court failed to properly instruct the jury on considering his mental disorders in determining imperfect self-defense, erred in using CALCRIM No. 225 instead of CALCRIM No. 224, and wrongly denied his motion for a trial continuance to locate a witness.The Superior Court of Riverside initially handled the case, where Temple was convicted. Temple's defense requested jury instructions on imperfect self-defense and consideration of mental disorders, which the court provided. However, Temple contended these instructions were insufficient as they did not explicitly allow the jury to consider his mental disorders in assessing imperfect self-defense. Additionally, Temple's request for a trial continuance to locate a witness was denied by the trial court, which found no good cause for the delay.The California Court of Appeal, Fourth Appellate District, Division Three, reviewed the case. The court held that any instructional error regarding imperfect self-defense was harmless, given the overwhelming evidence that Temple used excessive force. The court also found no error in using CALCRIM No. 225, as the prosecution relied on circumstantial evidence only for Temple's mental state. Lastly, the court ruled that the trial court did not abuse its discretion in denying the continuance, as there was no guarantee the witness could be located within a reasonable time. The judgment was affirmed. View "P. v. Temple" on Justia Law

In December 2019, Andrew Christian Temple, Vanessa Marquez, David Deschepper, and others were part of the homeless community in Temecula, California. On December 21, 2019, Temple fatally stabbed Deschepper in a Motel 6 parking lot after an altercation. Temple claimed self-defense, stating that Deschepper had attacked him first. However, evidence showed that Temple used excessive force, including pursuing and repeatedly stabbing Deschepper even after he fell to the ground.The Superior Court of Riverside convicted Temple of second-degree murder, finding that he used a deadly weapon and inflicted great bodily injury. Temple was sentenced to 16 years to life in prison. On appeal, Temple argued that the trial court erred in jury instructions regarding imperfect self-defense and mental disorders, in using CALCRIM No. 225 instead of CALCRIM No. 224, and in denying a trial continuance to locate a material witness.The California Court of Appeal, Fourth Appellate District, Division Three, reviewed the case. The court held that any instructional error regarding imperfect self-defense was harmless, as the evidence overwhelmingly showed that Temple used excessive force. The court also found no error in using CALCRIM No. 225, as the prosecution relied on circumstantial evidence only for Temple’s mental state. Lastly, the court ruled that the trial court did not abuse its discretion in denying the continuance, as there was no indication the witness could be located within a reasonable time.The Court of Appeal affirmed the judgment, upholding Temple’s conviction and sentence. View "People v. Temple" on Justia Law

Ryan Anderson pled guilty to multiple charges, including second-degree robbery, grand theft, retail theft, and second-degree burglary. These charges stemmed from a scheme where he stole "Scratchers" lottery tickets from various retailers and redeemed the winning tickets for prize money. The trial court ordered Anderson to pay $179,231.65 in restitution to the California State Lottery, which included the value of the stolen tickets, the prize money he collected, and commissions paid to retailers.The trial court's restitution order was based on a detailed chart presented by the prosecution, which outlined the value of the stolen tickets, the amounts reimbursed to retailers by the Lottery, and the prize money Anderson collected. Anderson did not dispute the Lottery's entitlement to recoup the prize money and retailer commissions but argued that the prize money should have been deducted from the retail value of the stolen tickets. The trial court rejected this argument, finding that the stolen tickets represented lost sales revenue.The California Court of Appeal, First Appellate District, reviewed the case. Anderson's appellate counsel filed a brief under People v. Wende, identifying no specific issues for appeal. The appellate court conducted an independent review and invited supplemental briefs on whether the trial court abused its discretion in calculating the restitution award. The appellate court affirmed the trial court's decision, holding that the restitution order was appropriate and that the Lottery did not receive a windfall. The court found that the Lottery's reimbursement to retailers shifted the loss from the retailers to the Lottery, and Anderson was responsible for the full amount of the stolen tickets' retail value, the prize money he collected, and the retailer commissions. The judgment was affirmed. View "People v. Anderson" on Justia Law

In February 2019, Beal Hickman pled no contest to voluntary manslaughter and was sentenced to 21 years in prison for the 2014 killing of Chadwick Brice. Hickman later filed a petition for resentencing under Penal Code section 1172.6, arguing that changes in the law under Senate Bill No. 1437, which altered the law of imputed malice, should apply to his case. He claimed that he could not be convicted of murder or attempted murder under the new legal standards.The Contra Costa County Superior Court denied Hickman's petition, relying on the precedent set by People v. Reyes, which held that defendants who were convicted by plea after Senate Bill No. 1437 took effect are ineligible for relief under section 1172.6. The court concluded that since Hickman entered his plea after the effective date of the legislation, he could not demonstrate that he could not be convicted of murder or attempted murder due to the changes enacted by Senate Bill No. 1437.The California Court of Appeal, First Appellate District, reviewed the case and affirmed the lower court's decision. The appellate court agreed with the reasoning in Reyes and other similar cases, such as People v. Lezama and People v. Gallegos, which held that defendants who were convicted by plea after the effective date of Senate Bill No. 1437 are categorically ineligible for relief under section 1172.6. The court rejected Hickman's arguments that the law was unsettled after the effective date of Senate Bill No. 1437 and concluded that he had already received the benefits of the legislative changes. Therefore, the order denying Hickman's petition for resentencing was affirmed. View "People v. Hickman" on Justia Law

Alberto Lopez-Barraza was convicted of robbery and murder related to the 2011 killing of Jose Manuel de Jesus but was acquitted of conspiracy to commit robbery. He appealed the denial of his petition for resentencing under Penal Code section 1172.6, arguing that the trial court improperly relied on factual findings that conflicted with the jury's determination that he was not guilty of conspiracy.Initially, Lopez-Barraza and his co-defendants were charged with murder, conspiracy to commit robbery, and robbery, with additional allegations related to firearm use. Lopez-Barraza was found guilty of murder and robbery, but not conspiracy. His murder and robbery convictions were affirmed on appeal, but the special circumstance finding was reversed due to instructional error. On remand, the special circumstance was not retried, and Lopez-Barraza was resentenced to 25 years to life plus one year. In 2019, he filed a petition for resentencing under section 1172.6, which was denied by the trial court after an evidentiary hearing.The California Court of Appeal, First Appellate District, reviewed the case. The court found that the trial court erred in denying the resentencing petition based on findings that Lopez-Barraza participated in planning and preparing for the robbery, which conflicted with the jury's acquittal on the conspiracy charge. The appellate court held that the trial court's reliance on these findings was improper and remanded the case for a new evidentiary hearing. The trial court was instructed not to rely on any evidence that contradicted the jury's verdict acquitting Lopez-Barraza of conspiracy. The order denying the petition was reversed, and the case was remanded for further proceedings consistent with the appellate court's opinion. View "P. v. Lopez-Barraza" on Justia Law

In this case, the defendants, Kimesha Williams and Candace Townsel, were convicted by a jury of felony murder, robbery, and elder abuse. The victim, an 84-year-old woman, was attacked in a casino restroom, resulting in her death. The jury found that the murder occurred during the robbery and that the victim, who was over 70 years old, suffered elder abuse that caused her death. The trial court sentenced both defendants to life in prison without the possibility of parole.The defendants appealed on several grounds. They argued that there was insufficient evidence to support the finding that force or fear was used in stealing the victim’s property. Townsel also contended that there was insufficient evidence to support the finding that she aided and abetted the robbery and that she acted with reckless indifference to human life. Additionally, the defendants claimed that the trial court erred in the elder abuse jury instruction and that the suspended parole revocation fine should be stricken.The California Court of Appeal, Fourth Appellate District, Division Two, reviewed the case. The court found that substantial evidence supported the jury’s findings that force was used in the robbery, that Townsel aided and abetted the robbery, and that Townsel acted with reckless indifference to human life. The court also concluded that any error in the elder abuse jury instruction was harmless beyond a reasonable doubt because the jury’s other findings demonstrated that the defendants caused the victim’s injuries and death. Finally, the court agreed that the parole revocation fines should be stricken because the defendants were sentenced to life without the possibility of parole.The court affirmed the judgments with directions to strike the parole revocation fines and issue amended abstracts of judgment. View "P. v. Williams" on Justia Law

Lori Anne Whipple was charged with first-degree murder and arson of property, with an additional allegation that the murder occurred during a robbery or attempted robbery. In November 2019, she was convicted on both charges, and the jury found that she was a major participant in the robbery or attempted robbery and acted with reckless indifference to human life. Whipple was sentenced to life without the possibility of parole. She did not raise any issues regarding jury instructions in her direct appeal, which focused on the improper exclusion of evidence and sentencing. Her conviction was affirmed.Whipple later petitioned for resentencing under Penal Code section 1172.6, arguing that the jury was not properly instructed on the felony murder theory as required by People v. Banks and People v. Clark. The trial court found her ineligible for relief and denied the petition.The California Court of Appeal, Fourth Appellate District, Division Two, reviewed the case. The court noted that Whipple's conviction occurred after the enactment of Senate Bill No. 1437, which amended the felony murder rule and added section 1172.6. The court held that Whipple's failure to raise the instructional error in her direct appeal rendered the jury's findings conclusively valid. The court emphasized that findings made after Banks and Clark are generally conclusive and preclude a prima facie case for relief under section 1172.6. Since Whipple's conviction was final and she did not demonstrate a significant change in the law or other basis for an exception, the court affirmed the trial court's denial of her petition for resentencing. View "P. v. Whipple" on Justia Law

John Benson was convicted of first-degree murder and other felonies related to the shooting death of Chloe Evans, a commercial sex worker, in Los Angeles on October 25, 2019. Witness Kiera Furlow identified Benson as the shooter, describing his gang affiliation and a distinctive tattoo. Benson was charged with multiple offenses, including murder, attempted murder, and firearm possession.In the Superior Court of Los Angeles County, Benson's first trial ended in a mistrial due to a hung jury. During the second trial, Furlow was reluctant to testify and had to be arrested to secure her appearance. She recanted much of her previous testimony, claiming fear of the police rather than Benson. Despite her recantation, the jury convicted Benson of first-degree murder, shooting at an occupied vehicle, shooting from a vehicle, and firearm possession, but acquitted him of the attempted murder of Joshua Ellis. Benson was sentenced to 120 years to life in prison.The California Court of Appeal, Second Appellate District, reviewed the case. Benson argued that the trial court erred in admitting gang-related evidence, granting a trial continuance, and failing to investigate a juror's potential bias. The appellate court found that the gang evidence was relevant to issues of identity, witness credibility, and motive. The court also held that the trial court did not abuse its discretion in granting a one-week continuance due to the prosecutor's family emergency. Additionally, the appellate court determined that Benson forfeited his claim regarding the juror's potential bias by not providing an adequate record for review. Lastly, Benson's claim of prosecutorial error during closing arguments was deemed forfeited due to his failure to object at trial.The California Court of Appeal affirmed the judgment of the Superior Court. View "People v. Benson" on Justia Law