Law-Guy: Daily Case Summaries

People v. Branner (2009) , Cal.App.4th  Third Dist. Apr. 20, 2009
Cops doing surveillance for suspected drug activity.  They eventually stop defendant’s car for lame traffic issues - no rear license light and lights out of alignment - the stop goes on for 5 - 10 minutes while cop does records check.  It turns out that [...]

People v. Lewis (2009) , Cal.App.4th, First Dist., Div. Four. Apr. 13, 2009
Def  convicted of selling rock cocaine.  During trial, cop asserts EC1042 privilege.  After in-camera hearing excluding Def and his lawyer, court allows privilege without striking testimony or otherwise limiting prosecution.  Appeal court says other independent evidence corroborates cop and no possibility that credibility [...]

People v. Smith (2009) , Cal.App.4th, First Dist., Apr. 9, 2009
Cops see someone opening motel window in Vallejo high crime area-as they approach they see Def sitting in car.  He gets out- they ask if he is on parole etc and ask for permission to search.   He is on parole and says go ahead. They search him [...]

People v. Ramirez (2009) , Cal.App.4th Fourth Dist., Div. Three. Mar. 30, 2009.
Def seeks to bifurcate assorted gang enhancements and substantive gang charge from drug sales charges.  Court declines and jury convicts of drug offenses and substantive crime / enchancements that drugs were sold to further gang purposes.  Evidence is based on Def tattoos and [...]

People v. Mentch (2008) 45 Cal.4th 274  Dec. 17, 2008.
Mentch grew pot.  He had at least 5 patients to whom he regularly sold pot.  He regularly brought smelly cash to the bank and a teller busted him.  He had lots of plants when he was searched and he freely admitted selling pot to his patients.  [...]

People v. Rubin (2008)

People v. Bergen (2008) 166 Cal.App.4th 161 , Second Dist., Aug. 22, 2008
Def is using butane to extract hash from MJ. He pleas to manufacturing and appeals, claiming 11358 processing is exclusive charge.  BTW - he is sentenced to 5 yr pris term for this deed.  Appellate court says this is ok, since legislative intent of [...]

People v. Windus (2008)

People v. Mauch (2008) 163 Cal.App.4th 669, Fourth Dist.,  Jun. 3, 2008
Def charged with misd poss of MJ and felony cultivation.  After jury empaneled, and informal discussion, Def pleas to the sheet and the court, over DA objection, reduces cultivation to misdemeanor and imposes informal probation and fine.  DA appeals. Appeallate court agrees that 11358 [...]

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 [...]