People v. Garcia Docket: B306081 (Second Appellate District), Opinion Date: March 28, 2022. Defendant was convicted of second degree robbery and assault with a deadly weapon and sentenced to eight years in prison, but the execution of sentence was suspended and defendant was placed on five years of formal probation. The trial court also imposed a 10-year protective order pursuant to Penal Code section 136.2, subdivision (i)(1). The Court of Appeal concluded that the postconvi

People v. Holiman Docket: A160142 (First Appellate District), Opinion Date: March 28, 2022. Holiman was found in possession of illegal drugs and a handgun during a traffic stop initiated after he made a right-hand turn at a stop sign, while the arresting officer’s patrol car was stopped directly behind him. Holiman did signal the turn, but the basis for the traffic stop was that he did not turn on his signal blinker early enough: for the 100 feet he drove before coming to a s

People v. Guerrero Docket: B311548 (Second Appellate District), Opinion Date: March 14, 2022. Defendant was convicted of special-circumstance murder and sentenced to life without parole for crimes committed when she was 16 years old. The Court of Appeal affirmed defendant's conviction and remanded for resentencing in light of Penal Code section 190.5, subdivision (b). On remand, the trial court mischaracterized the court's mandate as simply directing a clarification of its pr

Wooden v. United States Docket: 20-5279, Opinion Date: March 7, 2022. Wooden was convicted as a felon in possession of a firearm, 18 U.S.C. 922(g). The Armed Career Criminal Act (ACCA) mandates a 15-year minimum penalty for section 922(g) offenders with at least three prior convictions for specified felonies “committed on occasions different from one another.” Wooden had 10 burglary convictions arising from a single episode in 1997, during which Wooden unlawfully entered a on

Hoffman v. Preston Docket: 20-15396, Opinion Date: February 28, 2022. The Ninth Circuit reversed the district court's dismissal of an action brought by plaintiff, a federal prisoner, alleging violation of his Eighth Amendment rights and seeking damages under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics , 403 U.S. 388 (1971). Plaintiff alleged that a correctional officer labeled him a snitch to other prisoners, offered them a bounty to assault plaintiff, a

California v. Hall Docket: E072463A (Fourth Appellate District), Opinion Date: February 22, 2022. Defendant-appellant Elijah Hall was convicted by jury of six counts of robbery committed for the benefit of a criminal street gang and one count of active gang participation (all committed when he was 15 years old), and he received a sentence of 65 years to life in state prison. Hall appealed, and while his appeal was pending, Proposition 57 raised the minimum age a minor could b

People v. Sanchez Docket: F076838A (Fifth Appellate District), Opinion Date: February 15, 2022. Sanchez was convicted of attempted murder and assault with a firearm after his acquaintance fired a shotgun during a confrontation with other men. To prove attempted murder, the prosecutor argued Sanchez directly aided and abetted the shooter and, alternatively, that attempted murder was a natural and probable consequence of assault with a firearm. The appellate court previously re

People v. Reynoza Docket: H047594 (Sixth Appellate District), Opinion Date: February 15, 2022. Reynoza was convicted of dissuading a witness; Penal Code 136.1(b)(2) punishes any person who attempts to prevent or dissuade a witness from “[c]ausing a complaint . . . to be sought and prosecuted, and assisting in the prosecution thereof.” The witness was Cornejo. Cornejo and two other men—including Reynoza’s brother—had been arrested for misdemeanor firearm possession in Gilroy i

United States v. Hansen Docket: 17-10548, Opinion Date: February 10, 2022. Hansen operated AHA, which ran a program that purported to help undocumented immigrants become U.S. citizens through adult adoption. Hansen falsely told victims that many immigrants had become U.S. citizens through the Program. No one had achieved U.S. citizenship through the Program; it is not possible to become a U.S. citizen through adult adoption. At least 471 victims participated in the Program; e

People v. Delgado Docket: B299482 (Second Appellate District), Opinion Date: February 10, 2022. Delgado was convicted of shooting at an occupied vehicle, assault with an assault weapon, and possession of a firearm by a felon. The jury found true gang and firearm enhancements. The court had instructed the jury with CALCRIM 315 that an eyewitness’s degree of certainty can be considered when evaluating the reliability of the witness’s identification. The court of appeal affirmed

United States v. Mendoza Docket: 19-50092, Opinion Date: February 8, 2022. At age 15, Mendoza joined the Canta Ranas Organization (CRO), a Californian gang known for violent extortion and drug distribution. The government alleged that Mendoza continued as an active gang member until 2016, when he was arrested during federal law enforcement’s takedown of the CRO, citing incidents in 2013 and 2016 when police caught Mendoza with a handgun and methamphetamine and text message co

People v. Vasquez Docket: F078228A (Fifth Appellate District), Opinion Date: February 9, 2022. A jury convicted Vasquez and Carrillo of first-degree murder and found personal firearm use enhancements to be true as to both defendants and separately found true gang enhancements and discharge of a firearm by a principal causing death enhancements as to both defendants. The court found true prior prison term allegations against Vasquez, sentenced Vasquez to 25 years to life in pr

California v. Scarano Docket: C092538 (Third Appellate District), Opinion Date: February 9, 2022.Pursuant to a negotiated agreement approved by the trial court, defendant Anthony Scarano was granted five years of supervised probation after he pleaded no contest to possession of a firearm by a felon. Among the conditions of probation were a search condition, drug treatment programming, and drug testing. On appeal, defendant contended the trial court erred in denying his motion

People v. Mendoza Docket: B306169 (Second Appellate District), Opinion Date: February 3, 2022. Defendant appealed the trial court's judgment entered following a jury trial in which he was convicted of attempted extortion; attempted robbery; assault with a deadly weapon; assault with force likely to cause great bodily injury; assault with a deadly weapon; and dissuading a witness. The Court of Appeal concluded that substantial evidence supported defendant's conviction for exto

United States v. Jackson Docket: 19-10070, Opinion Date: February 3, 2022. Jackson violently attacked his girlfriend. The entire attack lasted six-seven minutes. Jackson was convicted of assault resulting in serious bodily injury, 18 U.S.C. 113(a)(6), and kidnapping, section 1201(a)(2). The Ninth Circuit reversed the kidnapping conviction. In kidnapping prosecutions under section 1201(a)(2), courts should consider the factors set forth in precedent to evaluate whether the cha

California v. Speck Docket: C093273 (Third Appellate District), Opinion Date: February 2, 2022. A jury found defendant Richard Speck guilty of felony vehicle theft and receiving stolen property with special allegations that the Honda was valued at over $950. Defendant testified; he denied stealing the Honda and knowing it was stolen or had been reported stolen. He claimed he had permission to drive the car and did not think it was stolen because it had an ignition that requir

Johnson v. Baker Docket: 20-17202, Opinion Date: January 26, 2022. In an action brought under the Religious Land Use and Institutionalized Persons Act (RLUIPA), the district court entered an injunction, requiring Nevada prison officials to allow the plaintiff to possess no more than a half-ounce of scented oil in his cell for personal use with his prayers. The Ninth Circuit affirmed. Noting RLUIPA's expansive protections for religious liberty, the court concluded that Nevada’

Jones v. Slade Docket: 20-15642, Opinion Date: January 24, 2022. The Ninth Circuit reversed the district court's grant of summary judgment in favor of prison officials in an action brought by plaintiff, alleging that the confiscation of his mail violated his rights under the Free Speech and Free Exercise Clauses of the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA). The panel concluded that genuine issues of material fact exist both as t

People v. Tirado Docket: S257658, Opinion Date: January 20, 2022. The Supreme Court reversed the judgment of the court of appeal affirming the decision of the trial court to sentence Defendant to three years for robbery with a twenty-five-years-to-life enhancement under Cal. Penal Code 12022.53(d), holding that the trial court erred in denying Defendant's motion to strike. A jury convicted Defendant of second degree robbery, assault with a semiautomatic firearm, and driving u

California v. Zamora Docket: G059259 (Fourth Appellate District), Opinion Date: January 14, 2022. Israel Gutierrez Zamora was convicted on multiple charges, including attempted kidnapping and assault with a semiautomatic weapon. He petitioned for disclosure of juror identifying information pursuant to Code of Civil Procedure section 237. After denying the disclosure petition as untimely, the trial court sentenced Zamora to a total term of 98 years to life. Zamora then filed a