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Jury Instruction Error Not Harmless, Murder Conviction Reversed
People v. Schuller Court: Supreme Court of California, Docket: S272237, Opinion Date: August 17, 2023. The Supreme Court reversed the...

Nick Woodall
Aug 21, 20231 min read
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SF NEW DA Denied Withdrawal Of Previous DA's Resentencing Motion
People v. Vaesau Docket: A165925 (First Appellate District), Opinion Date: August 4, 2023. Based on events that occurred in 1991, when he...

Nick Woodall
Aug 9, 20231 min read
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AB 1310 UPDATE: If Signed Into Law Will Become Automatically Applied
AB 1310, as amended, McKinnor. Sentencing: recall and resentencing. An act to add Section 1385.2 to the Penal Code, relating to...

Nick Woodall
Jul 13, 20233 min read
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REMAND: Firearm Enhancement Finding Not Harmless
California v. Butler Docket: E078235 (Fourth Appellate District), Opinion Date: March 28, 2023. In November 2021, a jury convicted...

Nick Woodall
Mar 29, 20231 min read
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AB 600 UPDATE
AB 600, as amended, Ting. Criminal procedure: resentencing. An act to amend Section 1172.1 of the Penal Code, relating to criminal...

Nick Woodall
Mar 26, 20232 min read
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Trial Court Ordered to Hear CDCR Recommendation to Recall Sentence
People v. Pierce Docket: B322890 (Second Appellate District), Opinion Date: February 28, 2023. Appellant appealed an order denying a...

Nick Woodall
Mar 1, 20231 min read
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DA's Challenge to Petitioner's Relief Denied
People v. Bartholomew Court: California Courts of Appeal, Docket: B316314 (Second Appellate District), Opinion Date: November 28, 2022....

Nick Woodall
Dec 7, 20221 min read
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Court Lacked Jurisdiction to Order Summary Revocation
People v. Arreguin Docket: A162718 (First Appellate District), Opinion Date: June 14, 2022. Arreguin pleaded guilty to human trafficking...

Nick Woodall
Jun 15, 20221 min read
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2nd App. Dist. Ct. Rules on Action Against LADA Gascon's Policies
The Association of Deputy District Attorneys etc. v. Gascon, Docket: B310845 (Second Appellate District), Opinion Date: June 2, 2022. On...

Nick Woodall
Jun 4, 20222 min read
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VACATED: Denial of Motion Under the 2020 Racial Justice Act
Young v. Superior Court of Solano County Court: California Courts of Appeal, Docket: A162850 (First Appellate District), Opinion Date:...

Nick Woodall
May 27, 20222 min read
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REMANDED: Prisoner Wins Appeal on 1170(d)(1)
People v. McMurray Docket: C090767 (Third Appellate District), Opinion Date: March 30, 2022. Defendant Woody McMurray appealed a trial court’s denial of a recommendation made by the Secretary (Secretary) of the California Department of Corrections and Rehabilitation (CDCR) under former Penal Code section 1170(d)(1) that the trial court consider recalling defendant’s sentence and resentencing him in light of changes made to section 12022.53. Defendant contended the trial court

Nick Woodall
Mar 31, 20222 min read
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Prima Facie Claim for Resentencing Established in 1170.95 Case
People v. Flores Docket: F080584 (Fifth Appellate District), Opinion Date: March 29, 2022. The Court of Appeal agreed with petitioner that he established a prima facie claim for resentencing relief pursuant to Penal Code section 1170.95. Therefore, the trial court erred in denying the petition without issuing an order to show cause or holding an evidentiary hearing. In this case, neither the charge nor the plea excludes petitioner from resentencing eligibility as a matter of

Nick Woodall
Mar 30, 20221 min read
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2nd App. Dist. Reverses Denial of 1170.95 Relief
People v. Flint Docket: B310238 (Second Appellate District), Opinion Date: February 24, 2022. Flint was convicted of murder for his role in a 2006 attempted robbery in which his codefendant shot and killed Los Angeles County Sheriff’s Department Deputy Rosa. The jury rejected a felony-murder special circumstance allegation. In 2018, Senate Bill 1437 restricted the application of the felony-murder doctrine. Previously, if a defendant committed one of certain serious felonies i

Nick Woodall
Feb 25, 20222 min read
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Appellate Court Upholds Dismissal of Special Circumstances
California v. Hampton, Docket: C093270 (Third Appellate District), Opinion Date: February 10, 2022. Defendant Danny Hampton was convicted by jury of first degree murder and on two counts of robbery. He was sentenced to an aggregate terms of 33 years to life. The jury could not reach a verdict on the robbery-murder special-circumstance allegation, and that allegation was dismissed on the State's motion for insufficient evidence. Defendant filed a petition for resentencing unde

Nick Woodall
Feb 12, 20222 min read
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Gang & Firearm Enhancements Struck by 2nd Appellate Court
People v. Sek Docket: B309003 (Second Appellate District), Opinion Date: February 1, 2022. Assembly Bill No. 333, which altered both the substantive and procedural law regarding gang enhancements under Penal Code section 186.22, applies retroactively in this case. Under the new law, in order to prove that the defendant committed a crime for the benefit of a criminal street gang, the prosecution must show that the benefit to the gang was "more than reputational." Here, the ins

Nick Woodall
Feb 2, 20221 min read
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2nd Appellate District Reverses Denial of 1170.95 Petition
People v. Mejorado Docket: B308926 (Second Appellate District), Opinion Date: January 3, 2022. Mejorado, convicted in 2009 of the first-degree murder of Flores, and of the later first-degree murders of two others, is serving three terms of life without parole, plus more for various enhancements. The jury found true the special circumstance allegation that Mejorado committed the Flores murder while engaged in a robbery. The jury could not determine whether Mejorado or his comp

Nick Woodall
Jan 4, 20222 min read
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More 1170.95 Relief for Felony Murder Accomplice
People v. Harrison Court: California Courts of Appeal, Docket: A159115 (First Appellate District), Opinion Date: December 30, 2021. Harrison sought to be resentenced under Penal Code section 1170.95, which allows a defendant convicted of felony murder to have his conviction vacated and be resentenced if the conviction would not be valid under recent amendments to sections 188 and 189, which changed the law so that a participant in certain felonies in which a death occurs is g

Nick Woodall
Dec 31, 20211 min read
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1170.95 Resentencing Process Invokes Prop. 57 & SB 1391
People v. Ramirez Docket: B306088 (Second Appellate District), Opinion Date: November 23, 2021. The Court of Appeal reversed a...

Nick Woodall
Nov 24, 20211 min read
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