Justia Criminal Law Opinion Summaries

Arthur Lee Henderson appealed the judgment entered after the Superior Court of Los Angeles County granted his petition for resentencing under Penal Code section 1170.95 (now section 1172.6) concerning his attempted murder conviction. The court resentenced him on his remaining convictions for murder (with a felony-murder special-circumstance finding) and attempted robbery, imposing a life without the possibility of parole (LWOP) sentence. Henderson argued that the application of section 1385.1, which restricted the court's discretion to strike the felony-murder special circumstance, violated the ex post facto clauses of the California and United States Constitutions.The Superior Court of Los Angeles County initially sentenced Henderson in 1988 to LWOP for first-degree murder, plus additional terms for attempted murder and attempted robbery. Henderson's petition for resentencing was partially granted, leading to the dismissal of his attempted murder conviction. However, the court maintained the LWOP sentence for the murder conviction, citing section 1385.1, which prohibits striking special circumstances in first-degree murder cases.The California Court of Appeal, Second Appellate District, Division Seven, reviewed the case. The court held that the application of section 1385.1 at Henderson's 2023 resentencing did not violate ex post facto principles. The court reasoned that the resentencing under section 1172.6 was an act of legislative lenity, not a new criminal prosecution, and Henderson's new sentence was no more severe than the punishment prescribed at the time of his crimes. The court also found that the law of the case doctrine barred reconsideration of Henderson's petition for resentencing as to his murder conviction, as the Supreme Court's decision in People v. Curiel did not constitute a significant change in the law regarding direct aider and abettor liability.The Court of Appeal affirmed the judgment, directing the Superior Court to correct the abstract of judgment to reflect the oral pronouncement of judgment accurately. View "People v. Henderson" on Justia Law

In 1991, Maurice Jackson was convicted of the first-degree murders of Johnny Castaneda, Timothy Treas, and Claudia Blackmon, along with multiple other charges including kidnapping, robbery, and burglary. The jury found true the special circumstance allegations for the murders of Castaneda and Treas but not for Blackmon. Jackson was sentenced to life without parole.The Contra Costa County Superior Court denied Jackson's petition for resentencing under Penal Code section 1172.6, which allows for resentencing if a defendant could not be convicted of murder under current law. The court denied the petition at the prima facie stage for the murders of Castaneda and Treas, relying on the jury's special circumstance findings. For Blackmon's murder, the court issued an order to show cause but denied the petition without a hearing, finding Jackson guilty beyond a reasonable doubt based on the trial record.The California Court of Appeal, First Appellate District, Division Two, reviewed the case. The court found that the trial court erred in denying the petition at the prima facie stage for the Castaneda and Treas murders, as the jury's special circumstance findings did not necessarily establish all elements required under current law. The appellate court also found that the trial court's failure to hold a hearing for the Blackmon murder was prejudicial error, as Jackson was entitled to be present and potentially testify.The appellate court reversed the trial court's rulings and remanded the case for further proceedings. The trial court must hold a hearing for the Blackmon murder and issue an order to show cause and hold a hearing for the Castaneda and Treas murders, applying the correct legal standards under current law. View "P. v. Jackson" on Justia Law

In 1997, Kenneth Griggs was convicted by a jury of forcible rape, forcible penetration with a foreign object, and false imprisonment. He admitted to having three prior convictions that were both strikes and serious felonies. The court sentenced him to an aggregate term of 35 years to life, including a determinate term of 10 years for two of the priors.The Sacramento County Superior Court, on its own motion, recalled Griggs' sentence under section 1172.1, which had been amended by Assembly Bill No. 600 to allow courts to resentence defendants if applicable sentencing laws change. The presiding judge noted that courts now have discretion to strike five-year priors, which was not the case when Griggs was originally sentenced. The matter was assigned for a resentencing hearing, and the District Attorney appealed the recall order.The California Court of Appeal, Third Appellate District, reviewed the case. The court concluded that the recall order was not appealable under section 1238, subdivision (a)(5), because it did not affect the substantial rights of the People at this stage. The court noted that the recall order merely permitted a resentencing hearing and did not determine whether Griggs' sentence would change. The court dismissed the appeal, emphasizing that the prosecution's right to appeal in a criminal case is strictly limited by statute and that the recall order did not yet impact the enforcement of the judgment or the prosecution's substantial rights. View "P. v. Griggs" on Justia Law

L.H. pled no contest to first-degree murder and was committed to a secure youth treatment facility by the juvenile court. The court set his maximum term of confinement to 25 years to life or until he turns 25, whichever comes first, and applied 734 days of precommitment credits to this term. L.H. appealed, arguing that the court incorrectly applied Welfare and Institutions Code section 875 in setting his maximum term of confinement beyond his 25th birthday and erred in applying his precommitment credits against a theoretical maximum term of 25 years. He also claimed that equal protection principles require his precommitment credits to be applied against a term that does not exceed his 25th birthday.The juvenile court adjudged L.H. a ward of the court and committed him to Briones Youth Academy, Secure Pathway. The court determined that L.H.'s remaining custody time was 22 years and 361 days after applying the precommitment credits.The California Court of Appeal, First Appellate District, Division One, reviewed the case. The court held that the juvenile court correctly applied section 875 in setting the maximum term of confinement. The court interpreted section 875, subdivision (c)(1)(A) as providing a separate cap on the length of a ward’s physical confinement, independent of the maximum term of confinement set by the juvenile court. The court also held that the juvenile court did not err in applying L.H.'s precommitment credits against the maximum term of confinement of 25 years, as required by section 875, subdivision (c)(1)(C). The court found no equal protection violation, as the application of precommitment credits was consistent with the statutory requirements.The Court of Appeal affirmed the juvenile court’s disposition order. View "In re L.H." on Justia Law

Ramiro Munoz, a member of a criminal street gang, was convicted in 2008 of first-degree murder and shooting at an occupied motor vehicle, with firearm and gang allegations found true. Munoz, who was 15 years old at the time of the crime, was sentenced to 50 years to life in prison. In 2023, Munoz filed a petition for recall and resentencing under Penal Code section 1170, subdivision (d)(1), arguing that his sentence was the functional equivalent of life without the possibility of parole, making him eligible for relief under the statute.The Superior Court of Los Angeles County denied Munoz's petition, stating that he would be eligible for parole under section 3051 in 2029, when he would be 39 years old. Munoz appealed the decision, and the case was reviewed by the Court of Appeal of the State of California, Second Appellate District, Division Seven.The Court of Appeal affirmed the superior court's decision, holding that Munoz's sentence of 50 years to life is not the functional equivalent of life without the possibility of parole. The court concluded that section 1170, subdivision (d)(1), applies only to juvenile offenders explicitly sentenced to life without the possibility of parole and does not extend to those with lengthy sentences that may be considered de facto life without parole. The court also noted that Munoz would have a realistic opportunity to obtain release from prison during his expected lifetime, distinguishing his case from others with significantly longer sentences. View "People v. Munoz" on Justia Law

In 1982, Jose Gelito Rodriguez and three others were involved in two separate shooting incidents on Hollywood Boulevard, resulting in the injury of Don Hill and the death of Kirk Bickford. Rodriguez was charged with assault with a deadly weapon and murder. In 1984, he pled guilty to second-degree murder, and the firearm enhancements were dismissed. The plea agreement was influenced by the lack of witnesses to identify Rodriguez as the shooter and his intoxication at the time, which could have reduced the charge to involuntary manslaughter. Rodriguez was sentenced to 15 years to life.Rodriguez later sought resentencing under Penal Code section 1172.6, arguing that he was not the actual shooter and that his intoxication could negate malice. The trial court appointed counsel and found a prima facie case for relief, leading to an evidentiary hearing. The People sought to admit Rodriguez’s statements from a 2011 letter to the Board of Parole Hearings and a 2016 Comprehensive Risk Assessment. Rodriguez objected, claiming the statements were coerced and unreliable hearsay.The Superior Court of Los Angeles County admitted the statements, finding them voluntary and reliable. At the evidentiary hearing, the court reviewed the evidence, including the probation report and testimony from Dr. Jill Hobel, who conducted the 2016 assessment. The court concluded that Rodriguez was the actual killer and denied his petition for resentencing.The California Court of Appeal, Second Appellate District, affirmed the trial court’s decision. The court held that the resentencing procedure under section 1172.6 is a postconviction process and not a criminal trial, thus not implicating the Fifth Amendment right against self-incrimination. The court found no error in admitting Rodriguez’s statements from the parole proceedings, as they were not compelled or involuntary. View "People v. Rodriguez" on Justia Law

Francisco Munoz Virgen and two codefendants were charged with murder and assault with a semiautomatic firearm. In the first trial, the jury could not reach a verdict on the charges, leading to a mistrial. Virgen and one codefendant were retried, while the other codefendant entered a plea agreement and testified for the prosecution. The second trial included testimony suggesting an uncharged conspiracy to assault the victim, during which the victim was shot and killed. The court instructed the jury on aiding and abetting and conspiracy principles, including the final paragraph of CALCRIM No. 400 and CALCRIM No. 416, which allowed for conviction of crimes occurring during the commission of the intended crime. The jury found Virgen guilty of second-degree murder but could not reach a verdict on the assault charge or the firearm enhancement.The Superior Court of Los Angeles County declared a mistrial on the assault charge and interpreted the deadlock on the firearm allegation as a not true finding. Virgen was sentenced to 15 years to life in prison. On appeal, Virgen argued that the court's instructions allowed the jury to convict him of murder without finding he acted with malice and that the court should have instructed on involuntary manslaughter as a lesser included offense. The People conceded that the court miscalculated Virgen's presentence custody credits.The California Court of Appeal, Second Appellate District, agreed with Virgen's contention that the jury could have convicted him of murder without finding malice aforethought due to the instructions given. The court concluded that the instructional error was not harmless beyond a reasonable doubt and reversed Virgen's murder conviction, remanding the case for a retrial on that count. View "People v. Virgen" on Justia Law

Emiliano Gomez was found guilty by the trial court of multiple offenses, including stalking, criminal threats, and possession of a firearm and ammunition as a felon. The police found a flare gun in Gomez's possession, and based on an officer's testimony, the trial court convicted him of possessing a firearm as a felon under Penal Code section 29800, subdivision (a)(1). Gomez appealed, arguing that the evidence was insufficient to support his conviction for possession of a firearm as a felon and that the statutes prohibiting felons from possessing firearms and ammunition violate the Second Amendment.The trial court found Gomez guilty on all counts except for possession of body armor. The court also found special allegations and aggravating factors true, sentencing Gomez to an aggregate term of four years in state prison. Gomez contended that the evidence was insufficient to prove the flare gun was a firearm designed to be used as a weapon, as required by section 16520, subdivision (a).The California Court of Appeal, Sixth Appellate District, reviewed the case and held that the prosecution needed to prove the flare gun was designed to be used as a weapon. The court found the evidence insufficient to support such a finding and vacated the conviction for possession of a firearm by a felon. The court also rejected Gomez's Second Amendment challenge to the statutory prohibitions on possession of firearms and ammunition by felons, citing the reasoning in People v. Anderson. The judgment was reversed, the conviction for possession of a firearm by a felon was vacated, and the case was remanded for resentencing. View "People v. Gomez" on Justia Law

Carlos Faustinos appealed from a trial court order that declined to act on his petition for resentencing under Penal Code section 1172.1. Faustinos had pled guilty to forcible rape and was sentenced to 16 years in prison. In 2023, he petitioned for resentencing, citing recent ameliorative sentencing laws, but the trial court stated it lacked jurisdiction to consider his motion.The Superior Court of San Bernardino County reviewed the case and issued an order stating it did not have jurisdiction to consider Faustinos's motion for resentencing. Faustinos then appealed this decision, arguing that the trial court had erred in its determination.The California Court of Appeal, Fourth Appellate District, Division Two, reviewed the case and dismissed the appeal. The court held that an order declining to act on a defendant’s unauthorized petition under section 1172.1 is non-appealable. The court explained that section 1172.1 does not entitle a defendant to seek relief, and a court is not required to respond to such a request. The court also noted that the recent statutory amendment allowing a trial court to act on its own motion under section 1172.1 does not affect the non-appealability of an order on a defendant’s unauthorized petition. The court concluded that it lacked jurisdiction to consider Faustinos's appeal and dismissed it accordingly. View "P. v. Faustinos" on Justia Law

Jose Manuel Cabada was convicted by a jury of second-degree robbery, evading an officer, and unlawful driving or taking of a vehicle. The charges stemmed from a series of events in May 2020, where Cabada stole a car, robbed a convenience store, and led police on a high-speed chase. During the robbery, Cabada intimidated the store clerk, demanded money and cigarettes, and threatened the clerk with a milk jug. He was apprehended after crashing the stolen car during the police chase.The Ventura County Superior Court sentenced Cabada to an aggregate term of 12 years and eight months in state prison. The court imposed the upper term for the robbery charge, doubled due to a prior strike, and consecutive terms for the other charges. Cabada's motion to dismiss his prior strike conviction was denied. He appealed, arguing insufficient evidence for the robbery conviction and seeking resentencing under Senate Bill 567.The California Court of Appeal, Second Appellate District, Division Six, initially affirmed the judgment. However, the California Supreme Court directed the appellate court to reconsider the case in light of People v. Lynch and Erlinger v. United States, which addressed the standard for assessing prejudice in noncompliance with Penal Code section 1170, subdivision (b), as modified by Senate Bill 567.Upon reconsideration, the appellate court concluded that any error in the trial court's reliance on aggravating factors not found by a jury was harmless beyond a reasonable doubt. The court determined that a jury would have found the aggravating factors true beyond a reasonable doubt and that the trial court's statements indicated it would have imposed the same sentence regardless. Consequently, the appellate court affirmed the judgment. View "P. v. Cabata" on Justia Law