Justia Criminal Law Opinion Summaries

Steven Ellis was convicted of kidnapping, attempted kidnapping, dissuading a witness from reporting a crime, and making criminal threats. The incident involved Ellis accosting two victims, Yasmin and Blanca, on separate occasions. Ellis forcibly moved Yasmin from a sidewalk to the middle of the street, and later grabbed Blanca from behind, placing her in a chokehold and threatening to kill her and her friend, Jessica. Ellis was identified by the victims and arrested the following day.The Superior Court of Los Angeles County found Ellis guilty on multiple counts, including the kidnapping of Yasmin. The jury did not reach a verdict on an alternative attempted kidnapping charge, which was subsequently dismissed. Ellis was sentenced to a total of nine years and six months in state prison, with the upper term of eight years for the kidnapping count. Ellis appealed the conviction, arguing insufficient evidence for the kidnapping charge and improper sentencing.The California Court of Appeal, Second Appellate District, reviewed the case. The court found that the evidence was insufficient to support the asportation element required for the kidnapping conviction. The movement of Yasmin was deemed not substantial in character, as it did not appreciably change her environment or increase the risk of harm. Consequently, the court reversed Ellis’s kidnapping conviction and reduced it to felony false imprisonment. The case was remanded for a full resentencing.The court also noted that the trial court must reconsider whether the sentences for the criminal threats convictions should be stayed under section 654, as concurrent sentences were initially imposed without proper consideration of this statute. The judgment was affirmed in part, reversed in part, and remanded for resentencing. View "People v. Ellis" on Justia Law

Defendant Benny Townes was convicted of multiple sexual offenses against his biological daughters, Jane Doe 1 and Jane Doe 2. Jane Doe 1, who was 16 years old, was raped and impregnated by the defendant. Jane Doe 2, who was 13 and 14 years old at the time, was raped, sodomized, and subjected to lewd acts by the defendant. The defendant admitted to having sexual intercourse with Jane Doe 1 but argued that it was consensual and not against her will.The Superior Court of Riverside County found the defendant guilty on all counts, including forcible rape, incest, lewd acts with a minor, and sodomy. The court sentenced him to 150 years to life in prison. The defendant appealed, contending that there was insufficient evidence to support the finding that he raped Jane Doe 1 by means of force or duress, and therefore, his convictions on counts 1 and 2 should be reversed. He also argued that the multiple victim enhancement allegations should be reversed if counts 1 and 2 were overturned.The California Court of Appeal, Fourth Appellate District, Division Three, reviewed the case and affirmed the judgment. The court held that substantial evidence supported the finding of duress, which can be purely psychological. The defendant had instilled in Jane Doe 1 the belief that he was the son of God and that disobeying him would result in divine retribution. This psychological coercion was sufficient to constitute duress under Penal Code section 261, subdivisions (a)(2) and (b)(1). The court concluded that the threat of divine retribution, as taught by the defendant, was enough to uphold the convictions for forcible rape. View "People v. Townes" on Justia Law

Christopher Hamilton was convicted of federal felony possession of child pornography. After a federal district court terminated his federal sex offender registration requirement, the California Attorney General notified him of his lifetime obligation to register under California law, pursuant to Penal Code section 290.005(a). The Attorney General determined that the state law equivalent of Hamilton’s federal offense required lifetime registration, placing him in the highest tier of California’s three-tier scheme.Hamilton petitioned the Superior Court of Los Angeles County to terminate his state registration requirement. The Superior Court denied his petition and a subsequent amended motion. Hamilton appealed the denials, arguing violations of equal protection and due process.The California Court of Appeal, Second Appellate District, reviewed the case. The court held that the Attorney General’s classification of Hamilton’s offense as a felony with a lifetime registration requirement did not violate equal protection. The court reasoned that the federal offense’s classification as a felony, based on custodial exposure, justified the equivalent state offense’s classification as a felony. Additionally, the court found that the federal offense’s requirement of interstate or foreign commerce provided a rational basis for the different treatment.The court also rejected Hamilton’s due process challenge, concluding that he received notice and had opportunities to contest his tier designation through his petition and amended motion. Lastly, the court dismissed Hamilton’s vagueness challenge, finding that the term “equivalent” in section 290.005(a) was sufficiently clear when considered in context with other statutory provisions.The Court of Appeal affirmed the Superior Court’s orders denying Hamilton’s petition and amended motion. View "People v. Hamilton" on Justia Law

In 1997, Robert Wayne Rogers committed multiple robberies and was subsequently charged with four counts of robbery and one count of false imprisonment. The charges included allegations of firearm use and prior serious or violent felony convictions, qualifying as strikes under California's Three Strikes law. In 1998, a jury convicted Rogers of three counts of robbery and one count of false imprisonment. The trial court found the prior conviction allegations true and sentenced Rogers to three consecutive terms of 25 years to life, plus additional time for enhancements. Rogers's appeal was denied.In 2014, Rogers filed a petition under the Three Strikes Reform Act (Proposition 36) for resentencing, which was denied because his current offenses included robbery. In 2023, Rogers filed a motion for resentencing under Penal Code section 1172.75, arguing that his prison priors were invalid and requesting a full resentencing, including the striking of his strike priors under section 1385(a) and Romero.The trial court agreed to resentence Rogers, striking six of his seven strike priors and invalidating his prison priors. The court imposed a new determinate sentence of 39 years. The district attorney appealed, arguing that the trial court lacked the authority to strike the strike priors and that the court abused its discretion by not providing adequate reasons for its decision.The California Court of Appeal, Sixth Appellate District, held that the trial court had the authority to strike the strike priors under section 1385(a) and Romero during a resentencing under section 1172.75. However, the appellate court found that the trial court erred by failing to state its reasons for striking the strike priors, as required by section 1385(a). The appellate court reversed the trial court’s resentencing order and remanded the case for a new resentencing hearing where the trial court must provide its reasons for any decision to strike the strike priors. View "People v. Rogers" on Justia Law

Roger Martinez appealed the denial of his petition for resentencing under Penal Code section 1172.6. Martinez argued that it was an error for a judge other than the one who originally sentenced him to rule on his petition. The case involved a shooting incident on July 10, 2006, where Martinez was identified as the driver of a car from which shots were fired, resulting in the death of Ezekiel Gonzalez and injuries to others. Martinez initially denied involvement but later admitted to being present during the shooting.Martinez was convicted of first-degree murder and two counts of attempted premeditated murder, with gang and firearm allegations. He was sentenced to 120 years to life by Judge Hayden Zacky. Martinez filed a petition for resentencing in December 2021, which was assigned to Judge Kathleen Blanchard. The prosecution conceded a prima facie case for resentencing, leading to an evidentiary hearing.At the evidentiary hearing, Martinez testified that he acted in self-defense during the shooting. However, Judge Blanchard found his testimony not credible, citing inconsistencies with his previous statements. The court denied the petition, concluding that Martinez could still be convicted of the charges beyond a reasonable doubt.The California Court of Appeal, Second Appellate District, reviewed the case. Martinez contended that he was entitled to have Judge Zacky preside over his resentencing petition. The appellate court held that Martinez forfeited this argument by not raising it earlier. Even if the argument was preserved, the court found no prejudice from Judge Blanchard's assignment, as there was no reasonable probability of a different outcome. The appellate court affirmed the denial of the resentencing petition. View "People v. Martinez" on Justia Law

Mark Vandenburgh was found with illegal drugs and money on two occasions, leading to criminal charges and civil forfeiture proceedings. In the first instance, he was found with methamphetamine and $2,795, and in the second, with methamphetamine, heroin, a short-barreled shotgun, and cash totaling $1,808. The district attorney initiated forfeiture proceedings for the money in both cases. Vandenburgh was convicted in one case and the other was dismissed. Over two years later, he filed a motion to compel the return of the seized money, arguing improper notice of forfeiture proceedings.The Solano County Superior Court granted Vandenburgh’s motion, ruling that the district attorney did not properly follow statutory procedures for giving notice of the seizures. The People moved for reconsideration, which was denied, and subsequently petitioned for a writ of mandate.The California Court of Appeal, First Appellate District, Division Three, reviewed the case. The court found that the district attorney’s office had properly initiated the forfeiture proceedings and that the police officers served the notices on behalf of the district attorney, not on their own behalf. The court concluded that the procedures followed by the district attorney’s office satisfied the statutory requirements for initiating and providing notice of forfeiture proceedings.The court granted the People’s petition for a writ of mandate, directing the trial court to vacate its order granting Vandenburgh’s motion and to issue a new order denying it. The stay issued on July 9, 2024, was dissolved upon issuance of the remittitur. View "People v. Superior Court (Vandenburgh)" on Justia Law

Ashley Navarro and Goretti Cervera were in a relationship for approximately eight years. During and after their relationship, Cervera struggled with mental health issues, including borderline personality disorder, general anxiety, and major depressive disorder. In July 2018, after their breakup, Cervera attempted to confront Navarro at her workplace, leading to a violent incident where Cervera was found with a large kitchen knife and admitted to intending to kill Navarro. Navarro obtained an emergency protective order and a five-year domestic violence restraining order (DVRO) against Cervera. Cervera violated the DVRO in 2019 by contacting Navarro via email and text, leading Navarro to obtain a three-year criminal protective order.The Alameda County Superior Court initially issued the DVRO based on the 2018 incident, finding Navarro had a reasonable apprehension of physical harm. In May 2023, Navarro sought a permanent renewal of the DVRO, citing ongoing fear of harm due to Cervera's mental health issues and past behavior. Cervera opposed the renewal, claiming her mental health had stabilized and she had not contacted Navarro in four years. The trial court denied the renewal request, finding Navarro's fear of future abuse unreasonable and noting Cervera's improved mental health and lack of recent contact.The California Court of Appeal, First Appellate District, Division Three, reviewed the case and found that the trial court abused its discretion. The appellate court held that the facts of the 2018 incident, combined with Cervera's violations of the DVRO, established a reasonable apprehension of future abuse. The court reversed the trial court's decision and directed it to grant the renewal request, determining whether the DVRO should be renewed for five or more years, or permanently. View "Navarro v. Cervera" on Justia Law

In June 2013, Los Angeles Sheriff’s deputies responded to a drive-by shooting where they found a man with multiple gunshot wounds who later died at the hospital. Javier Villagrana and his cousin, Jaime Chavez, were charged with the murder of Juan Vasquez, with gang and firearm enhancements. Villagrana pleaded no contest to voluntary manslaughter and admitted to gang and firearm use allegations, resulting in a 26-year prison sentence. Chavez also pleaded no contest to voluntary manslaughter and admitted the gang enhancement but did not admit to using a firearm.Villagrana later filed a petition for resentencing under Penal Code section 1172.6, arguing he could not be convicted of murder under the amended laws. The trial court found he established a prima facie case and issued an order to show cause. After an evidentiary hearing, the trial court denied the petition, concluding Villagrana was ineligible for resentencing as he was the actual killer or a direct aider and abettor to the murder.The California Court of Appeal, Second Appellate District, reviewed the case and affirmed the trial court’s decision. The court held that substantial evidence supported the trial court’s finding that Villagrana was ineligible for resentencing. The court noted that Villagrana’s plea and admissions, including his use of a firearm and the gang-related nature of the crime, were sufficient to establish his guilt beyond a reasonable doubt as either the actual shooter or a direct aider and abettor. The court rejected the argument that the trial court applied an erroneous standard of proof, affirming that the People had proven Villagrana’s guilt beyond a reasonable doubt under the new law. View "People v. Villagrana" on Justia Law

Trevon Bey was convicted by a jury of possession of a firearm by a felon and carrying a loaded firearm in public. The trial court dismissed a prior strike conviction and sentenced Bey to three years for each count, to be served concurrently. Bey appealed, arguing that the trial court improperly revoked his self-representation status, that his conviction for possession of a firearm by a felon violated his Second Amendment rights, and that California's concealed carry laws were unconstitutional under a recent Supreme Court decision.The Superior Court of Los Angeles County initially allowed Bey to represent himself but later revoked this status due to his disruptive behavior and failure to follow court rules. Bey repeatedly challenged the court's authority, disrespected the court, and disrupted proceedings, despite multiple warnings. The court appointed standby counsel to represent him, citing his inability to adhere to courtroom protocol.The California Court of Appeal, Second Appellate District, reviewed the case. The court held that the trial court did not abuse its discretion in revoking Bey's self-representation status due to his continuous disruptive conduct. The court also found that Bey's conviction for possession of a firearm by a felon did not violate his Second Amendment rights, referencing recent Supreme Court decisions that upheld prohibitions on firearm possession by felons. Additionally, the court rejected Bey's challenge to California's concealed carry laws, noting that the unconstitutional "good cause" requirement was severable from the rest of the licensing scheme.The Court of Appeal agreed with both parties that the sentence for carrying a loaded firearm in public should be stayed under Penal Code section 654, as it was based on the same act as the possession charge. The court modified the judgment to stay the sentence on count 2 and affirmed the judgment as modified. View "People v. Bey" on Justia Law

Luis Mendez was charged with two misdemeanors in one case and several felonies and a misdemeanor in a separate case. The trial court found him mentally incompetent and suspended criminal proceedings in both cases. Mendez was committed to the State Department of State Hospitals for treatment. After his mental competency was restored, the trial court reinstated all charges and denied Mendez’s motion to dismiss the misdemeanor case.The Superior Court of Orange County initially suspended criminal proceedings in both cases and committed Mendez to the State Hospitals. Mendez’s counsel filed a motion to dismiss the misdemeanor case, arguing that section 1370.01 applied, which mandates dismissal of misdemeanor charges if the defendant is found mentally incompetent. The trial court denied the motion, stating that section 1370 applied because Mendez was charged with both felonies and misdemeanors.The California Court of Appeal, Fourth Appellate District, reviewed the case. The court held that section 1370 applies to defendants charged with felonies, even if misdemeanors are charged in a separate document. The court found that the trial court correctly applied section 1370, reinstated criminal proceedings after Mendez’s competency was restored, and denied the motion to dismiss the misdemeanor case. The court concluded that section 1370.01 applies only when a defendant is charged with misdemeanors exclusively. The petition for a writ of mandate/prohibition was denied. View "Mendez v. Superior Court" on Justia Law