Law-Guy: Daily Case Summaries

People v. Burns (2009) , Cal.App.4th,  Second Dist., Apr. 8, 2009
Def and friend follow victim out of store and down street.  After victim enters building, Def grabs her purse and yanks it from her, also stepping on her tow.  At trial issue is mistaken identity and no request is made for theft from person.  Appeal [...]

People v. Samaniego (2009) , Cal.App.4th  Second Dist., Apr. 6, 2009
Affirms aider abbettor can be guilty of greater OR lesser crime than actual shooter and CALCRIM 400 is suspect. 3 LA gangbangers and tweakers convicted of multiple murder and gang enhancements and get LWOP.  No eyewitneses to shooting and unable to say which specific Def [...]

RIVERA v. ILLINOIS, US Supremes, Illinois No. 07-9995,  March 31, 2009
Def convicted of 1st Deg murder in Illinois.  He exercises premptory against woman, after 2 previous women challenges.  Does not overcome Batson challenge - i.e. no independent basis for challenge in the record and Batson challenge allowed.  Also, no other basis for challenge for cause [...]

People v. Chun (2009) , Cal.4th  Cal Supremes Mar. 30, 2009
16 yr old Def is driving around with his home boys, sitting in the back seat.  A shooting war ensues with another car and one of the other guys dies.  Def is tried as adult for special circ murder.  Jury is instructed on 2d deg [...]

People v. McFearson (2008) , Cal.App.4th [No. F051882. Fifth Dist. Jan. 7, 2008
Def involved in various shooting offenses, including an offense involving an injury.  He is convicted of various enhancements and appeal court agrees that some of these enhancements are lessers and Def cannot be punished under 654.  Naturally, none of these change Def serving [...]

People v. Sudar (2007) , Cal.App.4th [No. A115464. First Dist., Div. Two. Dec. 18, 2007
Def appears on extended NGI commitment proceedings.  His initial commitment arises from arson charges in which he was acting at the command of god.  He presently believes himself to be the son of god.  The petition is filed 17 days later [...]

People v. Gray (2007) , Cal.App.4th [No. B192564. Second Dist., Div. One. Dec. 31, 2007
Def found in victim house - makes excuse and leaves.  Later victim discovers missing jewelry and reports crime and ID’s Def.  Def convicted of burg with multiple strikes and gets 25 to life.  At trial Def testifies he is in house [...]

People v. Le (2007) , Cal.App.4th [No. H030808. Sixth Dist. Dec. 27, 2007
Vietnamese Def kills wifes lover after lengthy affair.  Def learns wife having affair. He confronts wife and they make up and she promises fidelity.  Later she resumes affair and Def believes victim/lover is gang member with ability to hurt him.   Efforts at reconciliation [...]

People v. Moussabeck (2007) , Cal.App.4th [No. G038038. Fourth Dist., Div. Three. Dec. 7, 2007
Def MD smacks and chokes his 17 yr old daughter.  Younger Daughter does hang up 911. Police respond-Def admits having altercation with Daughter.  Daughter tracked down and has bruises etc.  Def convicted of misd abuse and fel child abuse (jury was [...]

People v. Zacarias (2007) , Cal.App.4th [No. D049593. Fourth Dist., Div. One. Dec. 4, 2007
Def and buddy smuggle aliens across border.  At pickup location, they try to squeeze more money out of relatives and get in fight.  Relatives chase car (including 2 aliens), catch up and kill buddies partner.  Def is charged with kidnap for [...]