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People v. Falcon
Appellant failed to make prima facie showing under Penal Code Section 1170.95 because his preliminary hearing transcript showed he was being prosecuted as aider and abettor. 		Criminal Law and Procedure 2DCA/8 Nov. 11, 2020
Modification: People v. Wilson
Government's warrantless search of four child pornography images in defendant's email was permissible under private search doctrine. 		Criminal Law and Procedure 4DCA/3 Nov. 10, 2020
U.S. v. King
Because defendant did not object at trial to district court's omission of knowledge-of-status element of his offense, defendant could not prevail in vacating his conviction under plain-error review. 		Criminal Law and Procedure 9th Nov. 9, 2020
People v. Stockman
Although there is no basis for model jury instructions CALCRIM No. 2100 and CALCRIM No. 2110 to differ from one another regarding whether defendant was under the influence, any error was harmless. 		Criminal Law and Procedure 4DCA/2 Nov. 4, 2020
People v. Kruse
Because jury was instructed on the way of violating Penal Code Section 69 that does not necessarily include violation of Section 148(a)(1), court properly refused to instruct on latter as lesser included offense. 		Criminal Law and Procedure 4DCA/1 Nov. 3, 2020
People v. Roldan
Defendant's Penal Code Section 1170.95 petition for resentencing was properly denied because he was convicted under actual implied malice theory, not malice imputed under natural and probable consequences doctrine. 		Criminal Law and Procedure 2DCA/1 Nov. 3, 2020
People v. Braud
When a postrelease supervision violation and reinstatement both occur during the probationary period, a court may extend the termination date by tolling. 		Criminal Law and Procedure 1DCA/5 Nov. 3, 2020
Modification: People v. Zorich
Trial court lacked substantial evidence to deny defendant's petition under Proposition 47 because he submitted evidence from Kelley Blue Book indicating value of stolen vehicle was less than $950. 		Criminal Law and Procedure 4DCA/3 Nov. 2, 2020
People v. Ruiz
Defendant's confrontation clause rights were not violated when trial court admitted minor's out-of-court statements to social worker into evidence, because social worker's primary purpose was to assess child's safety. 		Criminal Law and Procedure 1DCA/2 Oct. 30, 2020
People v. Barton
Student was psychologically coerced into submitting to defendant's lewd acts because he knew that if he failed to do so, he would suffer significant hardship. 		Criminal Law and Procedure 4DCA/1 Oct. 28, 2020
People v. Shaw
No abuse of discretion in trial court's decision not to strike defendant's five-year enhancement imposed under Penal Code Section 667(a)(1). 		Criminal Law and Procedure 4DCA/1 Oct. 28, 2020
Lacayo v. Superior Court (People)
Trial court erred in ruling that particularized good cause showing could justify extending defendant's preliminary hearing beyond 60 days. 		Criminal Law and Procedure 1DCA/3 Oct. 27, 2020
People v. Foley
Defendant's conviction for molesting his grandchild, suffered in separate proceeding that concluded long before trial of his offenses against his other grandchild did not fall within One Strike law's multiple victim circumstance. 		Criminal Law and Procedure 2DCA/3 Oct. 27, 2020
People v. Ford
Appellant was denied his constitutional right to be present at his pretrial hearing where court found him incompetent to decide if he wanted jury trial and error was prejudicial. 		Criminal Law and Procedure 2DCA/4 Oct. 27, 2020
Amended Opinion: U.S. v. Johnson
Although government did not prove at trial that defendant knew of his status as convicted felon, court records contained information about his prior felony convictions and years served in prison. 		Criminal Law and Procedure 9th Oct. 27, 2020
People v. Lizarraga
Defendant's case was final when he requested a transfer hearing under Proposition 57, and Proposition 57 does not apply to final judgments. 		Criminal Law and Procedure 2DCA/5 Oct. 26, 2020
People v. Baratang
Trial court prejudicially erred by instructing jury it could convict defendant of felony elder theft based on identity theft theory regardless of value of property taken or obtained. 		Criminal Law and Procedure 1DCA/3 Oct. 26, 2020
U.S. v. Alhaggagi
District court abused its discretion in applying terrorism enhancement to defendant's sentence because defendant did not have necessary mental state to trigger enhancement. 		Criminal Law and Procedure 9th Oct. 23, 2020
Modification: People v. Allison
Defendant convicted of murder with felony-murder special circumstance was properly held ineligible for resentencing under Penal Code Section 1170.95. 		Criminal Law and Procedure 2DCA/1 Oct. 23, 2020
People v. Wilson
Government's warrantless search of four child pornography images in defendant's email was permissible under private search doctrine. 		Criminal Law and Procedure 4DCA/1 Oct. 22, 2020
In re Nelson
'People v. Gallardo,' which limits a sentencing court's factfinding abilities for prior conviction enhancements, does not retroactively apply on collateral review of final convictions. 		Criminal Law and Procedure 5DCA Oct. 22, 2020
People v. Bascomb
Because defendant planned home invasion robbery of known drug dealer while he was home, used firearms to push his way in, and forced victim to ground using guns, he acted with reckless indifference. 		Criminal Law and Procedure 4DCA/2 Oct. 20, 2020
People v. Hendrix
Trial court erroneously included 'reasonably' in bracketed language for 'mistake of fact' jury instructions, but error was harmless. 		Criminal Law and Procedure 2DCA/6 Oct. 20, 2020
In re McDowell
Substantial evidence supported the finding that petitioner, who was not the actual killer, was a major participant in the felony that led to the victim's death. 		Criminal Law and Procedure 1DCA/5 Oct. 19, 2020
People v. Frazier
Secretary of the Department of Corrections and Rehabilitation's filing of Penal Code Section 1170(d)(1) recommendation for recall and resentencing does not trigger due process right to counsel for indigent defendant. 		Criminal Law and Procedure 2DCA/7 Oct. 15, 2020
People v. Zorich
Trial court lacked substantial evidence to deny defendant's petition under Proposition 47 because he submitted evidence from Kelley Blue Book indicating value of stolen vehicle was less than $950. 		Criminal Law and Procedure 4DCA/3 Oct. 15, 2020
U.S. v. Kroytor
Lack of clarity in the law is not itself a valid reason to delay filing a coram nobis petition. 		Criminal Law and Procedure 9th Oct. 15, 2020
People v. Cervantes
Penal Code Section 859.5's amendment requiring that custodial interrogations of adults suspected of committing murder be recorded does not apply retroactively because amendments were not designed to benefit defendants. 		Criminal Law and Procedure 5DCA Oct. 15, 2020
People v. Hernandez
Under 'People v. Stamps' trial court must dismiss defendant's two prior prison term enhancements that were an integral part of defendant's sentence but cannot unilaterally modify the plea agreement. 		Criminal Law and Procedure 5DCA Oct. 15, 2020
U.S. v. Bontemps
Police officer's observation of 'large and obvious bulge' that suggested a concealed firearm gave the officer reasonable suspicion to stop defendant. 		Criminal Law and Procedure 9th Oct. 14, 2020
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