May 2012
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Improper 290.3 fine imposed

People v. Valenzuela (2009) , Cal.App.4th Second Dist. Apr. 7, 2009
Only issue is whether $300 290.3 fine is appropriate.  It wasn’t.  Whoopie.

Trial court can’t grant new trial motion on ground not raised in motion

People v. Masotti (2008) 163 Cal.App.4th 504 , Third Dist. May. 28, 2008
Def is medical MJ user.  CHP sends snitch to buy pot for snitches birthday.  Def gives pot and refuses payment.  Snitch comes back and buys $5 worth of pot.  Later search uncovers legitimate amount of med pot, some plants (unspecified number) and $180 [...]

Proceedings by trial court after filing appeal are void

People v. Alanis (2008) , Cal.App.4th [No. H031059. Sixth Dist. Jan. 16, 2008
This one defines form over substance at the expense of the defendant.  Defendant gets arrested during initial steps of sale of coke/meth.  Search warrant issues with sealed portions and results in siezure of 1lb of coke and 1/2 lb of crank.  Def seeks [...]

2d 1368 competency hearing not required without substantial or at least new evidence of incompetency

People v. Oglesby (2008) , Cal.App.4th [No. G037796. Fourth Dist., Div. Three. Jan. 7, 2008
Def charged with domestic violence and killing kitten.  He is apparently beating girlfriend in motel lot and observed by many.  He is difficult client and goes through many lawyers.  At trial he asks for Marsden which, after hearing, is denied.  He [...]

Court declines return of Med MJ - says not provided for by statute

Chavez v. Superior Court (People) (2004) 123 Cal.App.4th 104  Fourth Dist. Sept. 30, 2004
Def on appeal following conviction of MJ offenses.  He gets busted on new MJ offense involving amounts in excess of 11362.77 (15 lbs and 46 plants).  Appeal on 1st case denied and prison sentence then imposed.  DA dismisses 2d case and Def [...]