Law-Guy: Daily Case Summaries

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.

In re Chaudhary (2009) , Cal.App.4th Sixth Dist. Mar. 13, 2009
Guy gets life term for 1986 2d deg murder. In 2002, after serving approx 15 years, he gets parole, but governator denies and it takes 3 more years to get this overturned.  In 2007 guy seeks termination of parole after “being on parole 5 years” [...]

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 [...]

People v. Matye (2008) , Cal.App.4th [No. C050332. Third Dist. Jan. 10, 2008
37 year Def living with his 60 yr old mother, who suffered stroke and partial paralysis.  Def is screwing victims 18 yr old granddaughter (his niece?) and Mom is righteously pissed.  Over a weekend, Def slaps and pushes and generally abuses mom.  He [...]

In re Pope (2008) , Cal.App.4th [No. C051564. Third Dist. Jan. 8, 2008
Def gets 6yrs on gross vehicular manslaughter (non-violent)- fel DUI count w/GBI (violent) injury enhancements are stayed. CDC imposes 15% limitation-on writ-court, following In re Phelon (2005) 132 Cal.App.4th 1214  directs CDC to allow 50% credits.  People appeal and this court says Phelon is wrong and says [...]

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. Curry (2007) , Cal.App.4th [No. C052801. Third Dist. Dec. 31, 2007
4 defendant case - 1 cuts deal.   Victim is 32 wks pregnant w/1 def kid.  Def does not want kid and they break up.  Def new girlfriend calls victim and makes threats.  Victim offers to help def with money.  Defs make plan to [...]

People v. Guess (2007) , Cal.App.4th [No. H029808. Sixth Dist. Dec. 21, 2007
Def convicted of aiding unlawful acts on minor.  Def apparently involved as pimp in  prostitution with young girls.  Following his arrest, he declines time waiver and 2 days prior to PX is given tapes of witness interviews.  Def moves for continuance and it is [...]

People v. Jones (2007) , Cal.App.4th [No. B193759. Second Dist., Div. Seven. Dec. 17, 2007
Def, himself homeless, gets peeved with homeless victim and stabs him.  There are some ID issues.  Def is picked out of photo 6 pack, but no real issues noted in ruling.   ID issues raised due to writing under Def photo-but writing [...]

People v. Jones (2007) , Cal.App.4th [No. B189056. Second Dist., Div. Eight. Dec. 3, 2007
Def is gang member - mom and kid fired at by unknown black assailant - kid survives but can’t id Def- Def-and others - fire at different rival gang car - gun is recovered and determined to have been used earlier [...]